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2020 Supreme(Del) 516

MANOJ KUMAR OHRI
SITA RAM – Appellant
Versus
CBI – Respondent


Advocate Appeared:
For the Appellant :Mr. Sunil Dalal and Mr. Devashish Bhadauria, Advocates
For the Respondent:Mr. Rajesh Kumar, SPP with Ms. Saumya Johari and Ms. Santwana, Advocates

JUDGMENT :

MANOJ KUMAR OHRI, J.

1. This appeal is directed against the judgment dated 04.02.2013 passed by the Special Judge, CBI-01, Central District, Delhi in CC No. 20/08 in RC 21(A)/06 whereby the appellant was convicted for the offence punishable under Section 7 & 13(1)(d) read with 13(2) of P.C. Act, 1988. Further, vide order dated 05.02.2013, the appellant was sentenced to undergo RI for 3 years for the offence punishable under Section 7 along with fine of Rs.1 lac in default whereof to undergo SI for three months. He was also sentenced to undergo RI for 3 years under Section 13(1) (d) read with 13(2) of the P.C. Act along with fine of Rs.1 lac in default whereof to undergo SI for three months.

2. The facts which are necessary for the disposal of this appeal, as noted by the trial court, are as follows: -

    “1. Executive Engineer, CD-IV, CPWD Pusa had invited tenders for construction of shed for diesel generator for KAB-I building, Pusa, New Delhi. Tenders were opened and complainant Ajit Singh Yadav was called for negotiations by the accused who was Executive Engineer in the last week of May 2006. Instead of awarding the contract to the complainant whose bid was lowest, he demand

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