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2017 Supreme(Kar) 984

JOHN MICHAEL CUNHA
Sanjay Sabharwal – Appellant
Versus
State – Respondent


Advocates Appeared:
For the Appellant :Pradeep C.S, Advocate
For the Respondent: P. Prasanna Kumar, Special Public Prosecutor

JUDGMENT :

John Michael Cunha, J.

This appeal is filed under section 374(2) of Cr.P.C. challenging the judgment of conviction passed by the XXI Addl. City Civil & Sessions Judge and Special Judge for CBI cases, Bengaluru in Spl.C.C. No.258/2004. By the impugned judgment, the appellant is convicted for the offences punishable under sections 7, 13(1) (d) r/w 13(2) of the Prevention of Corruption Act, 1998 (hereinafter referred to as ' Act-). The appellant is sentenced to simple imprisonment for 18 months and is directed to pay a fine of Rs.10,000/- for both the offences and in default of payment of fine, to undergo simple imprisonment for a period of three months.

2. The appellant was serving as an Executive Engineer, BSNL, Civil Division-II, Bengaluru. The case of the prosecution is that the appellant/accused demanded a bribe of Rs.4,000/- from PW-4(complainant) as a motive or reward for making the payment of pending bills. The complainant was not inclined to pay the bribe amount. Hence, he approached the Inspector of CBI, Sri K.Hari Om Prakash-PW-5. He lodged the complaint as per Ex-P42 between 10.30 a.m. or 11.00 a.m. on 7.4.2004. The trap laying officer PW-5 secured two independent






























































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