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| Special Judge CBI Bala Jyoti awards 5-year RI to Railway Engineer in corruption case | | |
Early Times Report
Jammu, Dec 12: Special Judge CBI Bala Jyoti today awarded five year rigorous imprisonment to B Mittal, Executive Engineer, Northern Railway in a corruption case.
The prism of prosecution case is that on basis of a written complaint dated 15.07.2009 filed by one Rajiv Jasrotia who happens to be a Railway Contractor, a case was registered u/s 161 RPC and 5(1) (d) read with section 5(2) of J&K Prevention of Corruption Act samvat 2006 vide RC No.08/2009 dated 15.07.2009 against accused B.B. Mittal, Executive Engineer, Northern Railway, Jammu, with CBI/ACB/Jammu vide RC. No. 8/09 dated 15/7/2009, under Section 161 RPC and 5(1) (d) read with Section 5 (2) of J & K Prevention of Corruption Act samavt 2006.
According to the case presented by the prosecution contract for P.way laying and linking between “Vijaypur to Bari Brahmana” and Bari Brahmana to Jammu for Rs. 1.5 crore during the year 2006-2007 was allotted to M/S “Hariom” Construction (complainant) and contractor/Complainant received the payment in piece meals. His security amount of Rs. 7.5 lacs (approx.) is pending on account of demand of bribe by B.B. Mittal, Executive Engineer, Northern Railway, Jammu.
The complainant contacted B.B. Mittal on phone on 15.07.2009 and Mittal told complainant that he is at Ghagwal and again repeated his demand of bribe and further asked him (complainant) to come with bribe money of Rs. 10,000/- at his residence at 34/5 Trikuta Nagar in the evening hours.
It is stated herein that since the complainant was not willing to pay the bribe, he approached CBI for taking action against B. B. Mittal Executive Engineer, “Northern Railway” Jammu according to prosecution, the contents of the complaint was verified by PW-20 K.L. Raina, Addl. SP, CBI, ACB, Jammu who submitted verification report dated 15.07.2009 EXT-P-KLR, mentioning that the contents of the complaint are correct.
It was further reported by him that B.B. Mittal is working as Executive Engineer, Northern Railway, Jammu and is not having good reputation. The verifying officer also asked the complainant Rajiv Jasrotia to speak from his Mobile No. 9419208007 on the Mobile No. 9797530207 of accused person B.B. Mittal and conversation was overheard by him on speaker mode. This is specifically mentioned herein, that demand of bribe of Rs.10,000/- by accused B.B.Mittal from the complainant, was confirmed, hence on receipt of verification report, the case came to be registered on 15.07.2009 against him.
Special Judge CBI Bala Joyti after hearing Manmohan Sharma Special PP for the CBI whereas Sr. Adv Sunil Sethi with Adv Vaibhav Gupta for the accused, observed that The corruption by public servants has become a huge problem. It has spread everywhere. No facet of public activity has been left unaffected by the stink of corruption. It has deep and pervasive impact on the functioning of the entire government machinery. Large scale corruption retards the national building activities and everyone has to suffer on that count as well.
The Court further observed that Having heard so, this Court is of the view that strict adherence to the ‘Prevention of Corruption Act’ is essential for safeguarding the interest of the society and for achieving the object of the Prevention of Corruption Act which is to eradicate the corruption from the society. A stringent law has no meaning if the offenders would go away with lenient punishments. Undue sympathy as asked for to impose inadequate sentence would do more harm to the justice system to undermine the public confidence in the efficacy of law. It is the duty of every Court to award proper sentence having regard to the nature of the crime and the manner in which it was committed.
In the present case, the convict was found demanding and accepting bribe to the tune of Rs. 10,000/- from complainant Rajiv Jasrotia as motive for release of his security amount of Rs. 7.5 lacs. I carefully perused provisions of Section 161 RPC prescribes punishment to a public servant taking gratification other than legal remuneration in respect of an official act. It prescribes punishment with “imprisonment of either description for a term which may extend to three years, or with fine, or with both”. AND of Section 5(1)(d) of Prevention of Corruption Act 2006 which lays down that a public servant is said to commit the offence of criminal misconduct if he, by corrupt or illegal means or by otherwise abusing his position as public servant obtains for himself or for any other person any valuable thing or pecuniary advantage shall be punishable for a term which shall not be less than one year but which may extend to seven years and shall also be liable to fine in terms of section 5(2) of Prevention of Corruption Act 2006. Provided that the Court may, for any special reasons recorded in writing, impose a sentence of imprisonment of less than one year but not less than six months. It is apt to note that the accused in fact is caught for the first time for such type of offences. He faced the trial for last more than 13 years. This Court hopes that during this long period of more than13 years, when he has faced consequences of his proved misconduct, he may have, by now a sense of remorse for what he did. Moreso, he has a family to run, which in fact will consequently suffer if maximum punishment provided in the statute is awarded to him. As such, taking into consideration, gravity of offence and overall facts and circumstances as discussed hereinabove the accused person is therefore convicted and sentenced as under section 161 RPC he is convicted and sentenced to undergo rigorous imprisonment of three years along with fine of Rs. 5000/- and in default of payment of fine he shall further undergo simple imprisonment for six months. AND under section 5(1)(d) r/w 5(2) of J&K P.C.Act Samvat 2006 he is convicted and sentenced to undergo rigorous imprisonment of five years along with fine of Rs. 5000/- and in default of payment of fine he shall further undergo simple imprisonment for six months. Both the sentences shall run concurrently and the amount of fine be deposited today itself in the Court failing which he shall further undergo simple imprisonment for a period of six months. Accused be lodged in District Jail, Amphalla Jammu to serve the sentence. (JNF) |
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