IN THE HIGH COURT OF DELHI AT NEW DELHI
SUNIL GAUR, J.
Suresh Kumar Lakra - Appellant
Versus
Central Bureau of Investigation - Respondent
Criminal Appeal No. 526, 523, 520, 499, 495, 480 of 2016; Criminal Miscellaneous Appeal No. 1347, 1346, 15869, Criminal Miscellaneous (Bail) No. 257 of 2017
Decided On : 01-04-2019
CORRUPTION - Prevention of Corruption Act - Sections 7, 12, 13(1)(d), 13(2) - The court found the intercepted calls to be inadmissible and lacking corroboration by scientific evidence, leading to the acquittal of the appellants.
Fact of the Case:
The appellants were convicted for offences under Sections 7, 12, 13(1)(d), 13(2) of the Prevention of Corruption Act, 1988, and Section 120B of the Indian Penal Code. The case involved allegations of unauthorized construction and bribery demands by officials of the Municipal Corporation Delhi (MCD) and a private individual.
Finding of the Court:
The court found that the intercepted calls were inadmissible and lacked corroboration by scientific evidence. It also noted inconsistencies in the evidence of the prosecution witnesses and acquitted the appellants.
Issues: The issues revolved around the admissibility and corroboration of intercepted calls, the legality of the construction activities, and the sufficiency of evidence to establish the charges against the appellants.
Ratio Decidendi: The court held that the intercepted calls were inadmissible and lacked corroboration by scientific evidence, leading to the acquittal of the appellants.
Final Decision: The judgment of 7th May, 2018, and the order on sentence of 9th May, 2019, were set aside, and the appellants were acquitted. Any fines deposited were to be refunded.
SUNIL GAUR, J.
1. The above captioned six appeals arise out of trial court's judgment of 7th May, 2018, vide which appellants- Jaibir Singh Sherawat, Piyush Goel, Virender Pal, Umesh Prashar, Mukesh Gupta and Suresh Kumar Lakra have been held guilty for the offences under Sections 7, 12 & 13(1) (d) r/w Section 13(2) of Prevention of Corruption Act, 1988 (henceforth referred to as the "PC Act") and Section 120B IPC. Vide impugned order of 9th May, 2019, these six appellants have been sentenced as under:-
S. No
Name of accused
Offences punishable
Sentence Awarded
Fine imposed
Sentence in default of fine
1.
Jaibir Singh Sehrawat @ Jaibir Sehrawat
u/s 120B IPC r/w Sec. 7,12 & 13(1) (d) & Sec. 13(2) of PC Act
u/S 7 of PC Act
u/S 13(1) (d) r/w Sec. 13(2) of PC Act
5 Years
5 Years
5 years
Rs. 20,000/-
Rs. 20,000/-
Rs. 20,000/-
02 months
02 months
02 months
2.
Piyush Goel
u/s 120B IPC r/w Sec. 7, 12 & 13(1) (d) & Sec. 13(2) of PC Act.
u/S 12 of PC Act
5 Years
5 Years
Rs.50,000/-
Rs.50,000/-
05 months
05 months
3.
Virender Pal
u/s 120B IPC r/w Sec. 7,12 & 13(1) (d) & Sec. 13(2) of PC Act
u/S 7 of PC Act
u/S 13(1) (d) r/w Sec. 13(2) of PC Act
3 Years
3 Years
Rs.10,000/-
Rs.10,000/-
Rs.10,000/-
01 month
01 month
01 month
4.
Umesh Prashar
u/s 120B IPC r/w Sec. 7,12 & 13(1) (d) & Sec. 13(2) of PC Act.
03 Years
Rs.1,00,000/-
06 months
5.
Mukesh Gupta
u/s 120B IPC r/w Sec. 7,12 & 13(1) (d) & Sec. 13(2) of PC Act
03 Years
Rs.1,00,000/-
06 months
6.
Suresh Kumar Lakra
u/s 120B IPC r/w Sec. 7,12 & 13(1) (d) & Sec. 13(2) of PC Act
u/S 7 of PC Act
u/S 13(1) (d) r/wSec.13(2) of PC Act
5 Years
5 Years
5 Years
Rs.20,000/-
Rs.20,000/-
Rs.20,000/-
02 months
02 months
02 months
2. The factual background of this case, emerging from the impugned judgment, is as under:-
"This FIR was registered on the allegations that during the period Nov.-Dec., 2008, certain officials of Municipal Corporation Delhi (MCD) (i.e. A-1 to A-4) while working in MCD, Karol Bagh Zone, New Delhi, entered into a criminal conspiracy amongst themselves and with one Mukesh (A-6), a middleman and Piyush Goel (A-5). In furtherance of said conspiracy, the officials of MCD demanded and accepted illegal gratification to the tune of Rs.17 lakhs from Piyush Goel (A-6).
It was also alleged that the said officials of MCD and middlemen, are running a racket to extract money from various building owners in Karol Bagh, New Delhi area in lieu of inaction against illegal construction etc. The modus-operandi adopted is in that they permit unauthorized construction, allow illegal commercial activities in residential areas, facilitate de-sealing of earlier sealed properties etc., in lieu of illegal gratification. They serve genuine & bogus show cause notices on various building owners and raise vague queries in order to cast an impression that the property is vulnerable to sealing and demolition by the MCD. They also resort to bogus sealing to threaten & terrorise the owners of buildings. Thus, by threatening the party they negotiate the bribe amount which is demanded and collected by the MCD officials either directly or through middlemen. The bribe amount is subsequently distributed amongst themselves.
It was alleged that during the period Nov.-Dec., 2008, Jaibir Sherawat, Umesh Parashar, Virender Pal in conspiracy with each other, demanded directly as well as through Mukesh, a bribe of Rs.37 lakh from one Piyush Goel to allow unauthorized construction at property bearing No.13/28, WEA, Karol Bagh, New Delhi. Out of Rs.37 lakhs, amount of Rs.17 lakhs was demanded and accepted by the them as illegal gratification for the lower floor. The remaining amount of Rs.20 lakhs was demanded for the shops at the upper floor @Rs.1
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