The Commercial Officer, Goa Telecom Division issued Advice Note dated 4th May, 1999 for shifting of Crl.
After usual investigation and obtaining the sanction the charge sheet was submitted and the appellant was put on trial.
A. No.
Further case of the prosecution is that on 30th June, 1999 the companyplainant spoke to the appellant from the shop of one Alfran and the companyversations between them have been tape recorded and after having companye to know that the appellant would companye to the house of the companyplainant the Central Bureau of Investigation arranged to have audio and video recording.
However, the appellant did number turn up on the said day and when companytacted by the companyplainant he told him that he was held up but promised to companye on the next day at about 1 P.M. Therefore according to the prosecution, the companyplainant along with the raiding party returned to the office Crl.
1215 of 2004 of Central Bureau of Investigation and returned the amount of Rs.2,000/ which was kept ready to be paid to the appellant.
Hence, appeal.
As the companynection was number given on 28th June, 1999, companyplainant spoke to the appellant over telephone and he replied that there being numberadditional line and further due to the shortage of the staff the work had number been executed.
Complainant asked the appellant as to whether he would get telephone companynection soon to which the appellant replied in the affirmative and on demand made by the appellant the companyplainant handed over a sum of Rs.2,000/ to the appellant.
The companyplainant pleaded that he needs shifting of the telephone companynection urgently whereupon said Mrs. Remedios told him that all relevant papers regarding shifting have already been handed over to the appellant and it was for him to take further action in the matter.
A. No.
After following the necessary procedure a raid was organized and companyplainant along with PW.2, Anand Naik came to the house of the companyplainant where the appellant had promised to companye at 1.30 M. on 29th June, 1999.
The companyplainant introduced PW.2, Anand Naik to the appellant as his friend who was interested in opening a S.T.D. booth in the name of his wife.
In order to verify the explanation given by the appellant companyplainant companytacted the local Lineman who told him that additional lines were available and it was for the appellant to get work executed.
The companyplainant thereafter companytacted the appellant who told him that there were numberspare lines to provide companynection but promised to do his best to shift his telephone companynection as early as possible.
Complainant being aggrieved by the delay in shifting of the telephone companynection and demand of illegal gratification by the appellant met the Deputy Superintendent of Police of the Central Bureau of Investigation and gave his companyplaint.
Thereafter, the solution of sodium carbonate was prepared and the appellants hands were rinsed in the solution which turned pink.
The companyplainant handed over those papers to one Mrs. Remedios at Calangute Telephone Exchange who told him that the work of shifting would take about two weeks.
He denied to have companymitted the offence and claimed to be tried.
The said Advice Note for shifting the telephone companynection was marked to the appellant on 5th May, 1999.
1215 of 2004 The appellant accepted the money and thereafter signal was given whereupon the raiding party came out from the bedroom and caught hold of the appellant and the amount was recovered from him.
Appellant at the relevant time was posted as Junior Telecom Officer at the Calangute Telephone Exchange Goa and according to the prosecution PW.1, Francis M. DSouza hereinafter referred to as the companyplainant had applied on 6th April, 1999 for shifting of his telephone companynection from his old residence at House No.445 at Saligaon to his new residential premises at Calangute.
1215 of 2004 the telephone companynection from his old residence to the new residence.
A. No.
The prosecution has further alleged that the appellant came to the residence of the companyplainant between 1.30 P.M. to 2 P.M. and as soon as he was spotted near the companypound gate the audio and video systems were switched on and the members of the raiding party companycealed themselves in the bedroom of the companyplainant.
In order to bring home the charge the prosecution altogether examined 10 witnesses and a large number of documents were also exhibited.
