CHANDIGARH: Observing that a "decorated officer betrayed the trust of the nation after indulging in corruption", the special
CBI court sentenced sub- inspector Sanjiv Kumar
Sharma, recipient of the President's medal and jeweller
Subhash Kataria to two years' rigorous imprisonment in a 10 year old graft case on Thursday.
The special CBI court made it clear that both should be awarded rigorous imprisonment. Sharma was convicted under Section 7, read with section 13 (2), 13 (1) (d) of the Prevention of Corruption Act and Section 120-B of the IPC whereas Subhash Kataria was convicted under Section 8 of the Prevention of Corruption Act and Section 120-B of the IPC.
The third accused, sub-inspector Ramesh Chand was acquitted for want of evidence against him. The court also imposed a fine of Rs 25,000 each on both. The 172-page judgement spelt out that the country trusts decorated officers but in this case that trust has been betrayed.
Initially, the complainant and later CBI laid a trap and caught the two convicts accepting a Rs 50,000 bribe.
The trap was laid on a complaint by Arvind Pandey, husband of the owner of a disputed booth in Sector 17, alleging that Kataria and Kumar had been demanding Rs 50,000 from them to settle the property issue. Kataria was representative of traders at the Sector 17 market at the time.
Pleading for leniency,
Sanjiv Kumar said he is a decorated officer who has had a blemish-less career. However, CBI prosecutor K P Singh said despite having won medals and awards, Sanjiv Kumar indulged in corrupt practices.
It was argued that the nation trusts decorated officers and people look up to such officers for justice. It was pleaded that he should be given stringent punishment as he betrayed the nation's trust and misused his official position.
CBI arrested sub-inspector Sanjiv Kumar Sharma, then in-charge of the Neelam Police Post, Sector 17, Chandigarh on November 7, 2008. They were arrested on a complaint lodged by bookstore owner Arvind Kumar Pandey, who alleged that Kataria and Sanjiv demanded Rs 50,000 for evicting his 'tenant' from his shop at the bridge market in Sector 17.
CBI said as per rules, the complainant could not have rented his leased shop. But he gave it to a garment dealer, who he showed as his employee in the records. Later, he denied it, which led to a dispute.
The convicts demanded Rs 50,000 from the complainant to settle the dispute and the complainant filed a compliant with CBI.
First, Kataria was arrested with the money and then CBI sleuths went to the police post to nab Sanjiv. After CBI filed a chargesheet, it named another accused, sub-inspector Ramesh Chand, in the case.
The complainant had recorded the conversation with Sharma and Kataria and converted it into a CD. The complainant said he had a voice recording of Ramesh Chand as well but during the trial, the original source of the recording could not be put on record. The court acquitted Ramesh Chand as no evidence could be proved against him. Also, Ramesh Chand was not also arrested from the spot and no recovery had been made from him.
However, the court convicted both SI Sanjiv Kumar Sharma and jeweller Subhash Kataria on Friday. The quantum of sentence will be pronounced on on April 26, sources said.
