ANIL KUMAR GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) This appeal assails the correctness of the judgment and order dated 14.08.2015 passed by learned Special Judge, C.B.I., Court No.1, Lucknow in Criminal Case No.26 of 2009, registered as R.C.No.20(A)/2009, under Sections 7 and 13(2) read with Section 13(1)(d) of Prevention of Corruption Act, 1988 C.B.I./A.C.B., Lucknow, whereby the Special Judge has convicted the accused-appellant namely, Anil Kumar Gupta and sentenced him under Section 7 of Prevention of Corruption Act for three years rigorous imprisonment with fine of Rs.10,000/-, in default, to undergo three months additional imprisonment and under Section 13(2) of Prevention of Corruption Act for five years' rigorous Imprisonment with fine of Rs.20,000/-, in default, to undergo six months' additional imprisonment. All the sentences were directed to run concurrently.

(2.) The facts and circumstances leading to this case in a nutshell are that this case was registered under the Central Bureau of Investigation (C.B.I.), Lucknow Branch on 28.05.2009 on the basis of written complaint lodged by Shri Satish Kumar Sharma, Proprietor M/s Ankit Udyog, 171, Vinay Nagar, Sector-3, Gwalior, Madhya Pradesh regarding demand of Rs.1,000/- as bribe for processing of the matter pertaining to return of Earnest Money Deposit/Security Deposit (EMD/SD) by the complainant.

(3.) On the premise of complaint dated 28.05.2009, the C.B.I. team consisting of Shri Brijesh Kumar, Inspector, Shri L.B. Tiwari, Inspector, Alok Kumar Sahi, Inspector, A.K. Singh and Govind Singh Bisht was constituted which along with two independent witnesses and the complainant, assembled on 29.05.2009, at Suit No.4, C.T.X. Exchange, BSNL Inspection Quarter, Allahabad at 07:30 hours. Shri Vinod Kumar Gupta representative of Shri Satish Kumar Sharma, the complainant was introduced to the witnesses as well as the members of CBI team, and the written complaint dated 28.05.2009 was read over to all of them. Since the complaint discloses the demand of bribe of Rs.1,000/- by Shri Anil Kumar Gupta, Office Superintendent, O/o Assistant Material Manager, North Central Railway, Allahabad in connection with processing of pending matter for return of EMD/SD amounting to Rs.19,000/- deposited by the complainant with the Railways, in connection with supply of four hydraulic machines to wagon repair workshop, North Central Railway, Jhansi made by him during the year 2008, Shri Vinod Kumar Gupta was acting on behalf of complainant, as the complainant was busy in some urgent work at Jhansi.