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| Court awards 4 years RI to NIC official | | | Early Times Reporter
Jammu | Dec 29
Special Judge Anticorruption, Jammu, Mr. Kartar Singh today awarded four years rigorous imprisonment to Pardeep Kumar Sharma the then Assistant National Insurance Company Limited Branch of Gandhi Nagar Jammu, who was caught red-handed on February 9, 2004 while accepting bribe money from the complainant.
According to the CBI case the accused Pardeep Kumar Sharma Assistant in National Insurance Company Limited had demanded bribe from complainant for issuance of claim cheque. CBI after registering the case entrusted the case TSC Bose Additional SP CBI/ACB Jammu for investigation. A trap team was constituted who laid a trap and recovered the bribe money Rs 1500 from the accused..
In the 40- page judgment Mr. Kartar Singh referred various judgments and observed that the complainant was declared hostile would not result discarding his evidence as whole. This fact merely puts the Court on guard that before accepting testimony, it should be subjected to close scrutiny and said that although the complainant has turned hostile so far as demand of the bribe money by the accused is concerned but not withstanding his being declared hostile, the prosecution case in its essence and basic features remained unshaken; if Liaqat Ali complainant had no mind to get the accused trapped, there was no reason for his going to the CBI office and narrating the whole story verbally which was reduced into writing at his instance and was read over and explained to him and thereafter he signed it in token of its correctness. It specifically contains a recital about demand on the part of the accused and unwillingness of the complainant to pay. He has admitted his signature therefore it is not his case that it was either under threat, undue influence or as the result of any fraud or deception that his signature was obtained on his statement.
Mr. Singh after considering the case and the investigation of the CBI convicted the accused with the observation that complainant signed the complaint to put the bribe amount in his pocket which he did and thereafter the accused handed over the claim cheque to the complainant, are the material circumstances of the case which establish the fact of demand and acceptance and have not been rebutted by the accused. The prosecution has succeeded in proving that the accused Pardeep Kumar being a public servant accepting illegal gratification from the complainant in order to release the claim cheque in his favour and as such he is guilty of offence and he is convicted u/s 5(2) PC Act 2006 and sentenced to undergo rigorous imprisonment for a period of two years and fine Rs 5000. He is further convicted u/s 161 RPC and sentence to undergo RI for a period of two years and fine Rs 5000. Both the sentences shall run con-currently, Court ordered. JNF |
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