P.K.LOHRA, J. - (1.) Appellants, feeling aggrieved by conviction for offences punishable under Sections 7, 13(1)(d) read with section 13(2) of the Prevention of Corruption Act, 1988 and Sections 120-B, 384 r/w 120-B IPC in case of appellant No.1 Vijay Singh, and Sections 120-B, 384 r/w 120-B IPC in case of appellant No.2 Jagdish Prasad, have preferred this appeal under section 374(2) of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.'). The learned Special Judge, Sessions Court (Prevention of Corruption Act), Jodhpur (for short, 'learned trial Court'), by the impugned judgment dated 29th of June, 2015, while indicting the appellants for aforesaid offences handed down following sentences: Sentences awarded to appellant Vijay Singh: JUDGEMENT_171_LAWS(RAJ)5_2018_1.html Sentences awarded to appellant Jagdish Prasad: JUDGEMENT_171_LAWS(RAJ)5_2018_2.html
(2.) Apposite facts, for the purpose of this appeal, are that complainant Manoj Kumar Khatri, Manager, Thar Anchalik Gramin Bank, Mohangarh Branch, submitted a report on 23rd of January 2006 to Deputy Superintendent of Police, Anti Corruption Bureau, Jaisalmer Outpost, stating inter-alia therein that on 10th of January 2006 at about 11 AM, while he was discharging his duties in the Bank, he received a telephonic call from a person projecting himself as Dy. S.P., ACB, Jaisalmer, who after taking some details informed him about one complaint received against him in the Bureau and asked him to contact Reader Vijay Singh on telephone No.253707. After about 10-15 minutes, he again received a call from a person saying that he was Vijay Singh, Reader of ACB, and referring to conversation of complaiant with Dy.S.P., stated about pendency of a complaint against him in connection with demand of illegal gratification of Rs. 2,500 and asked him to call him on mobile No.9414660606 in evening. On calling Vijay Singh in evening, he asked the complainant to talk with one Jagdish Saraswat, a resident of Mohangarh on telephone No.228416 with regard to the complaint made against him and he in turn called Jagdish, who visited Bank in the evening of 11.01.2006 and there after talking with Vijay Singh on telephone informed the Complainant that Vijay Singh has demanded a sum of Rs. 40,000 for dropping the complaint but he would get the matter settled in Rs. 30,000.
(3.) The report further unfurled that on 12.01.2006 complainant was again contacted on phone and asked to bow to their wishes else to face the proceedings and consequences including loosing bank job and he was further told that instead of Rs. 40,000, an amount of Rs. 30,000, as asked previously, be paid at Jaisalmer. The report also disclosed that ultimately the complainant reached Jaisalmer and on telephonically contacting Vijay Singh, he was called behind Neeraj Hotel with money but then was again called in evening at 6 PM at SBBJ Jaisalmer where a sum of Rs. 30,000 was handed over by him (the complainant) to Reader Vijay Singh. With all these allegations, complainant craved for taking action against first appellant and other incumbent for blackmailing him to extort money and acceptance of illegal gratification by public servant Vijay Singh.;