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A SPECIAL court on Tuesday convicted a 58-year-old man and sentenced him to three years in jail for posing as a superintendent of the Central Bureau of Investigation (CBI).
The convict, Ashwini Kumar Sharma, who is bed-ridden with 85 per cent disability due to an accident in 2020, was present in court via video-conference.
Sharma was sentenced to three years imprisonment previously too in a separate case where he had been found impersonating as a CBI director to cheat a businessman.
Special Judge A V Kharkar pronounced Sharma guilty under section 170 (personating a public servant) of the Indian Penal Code and section 8 of the Prevention of Corruption Act.
The court said that while Sharma was also charged for cheating, the charge cannot be sustained against him.
Special Public Prosecutor Sandeep Singh submitted before the court that a person involved in a construction business had filed a complaint to the CBI alleging that his business partner had duped him and he was introduced by a friend to Sharma, who claimed to be a CBI officer.
The complainant met Sharma in New Delhi, and the latter introduced himself as a superintendent.
Sharma demanded Rs 50 lakh from the complainant to file an FIR against his business partner, the CBI informed the court.
It was alleged that of the amount, Rs 25 lakh was paid to Sharma, but the complainant and the business partner, meanwhile settled their dispute amicably.
When he demanded Sharma to return the money, he refused and threatened to arrest the complainant under terror charges.
The complainant out of fear kept quiet but approached the CBI after a public notice was issued by the agency regarding impostors posing as CBI officers.
“The CBI submitted… when the complainant threatened to frame the accused in terror charges, the complainant who is a Muslim got afraid and preferred to bear the loss rather than getting framed in terror related charges. On going through the evidence it is evident that till lodging of the FIR or rather, the publication of the notice by the CBI, the complainant was unaware that the accused was an impostor and… hence he did not file a complaint after the threats given by the accused. The explanation given by the accused appears to be reasonable and trustworthy. In such a case, it cannot be said that there is delay in lodging of the FIR,” the court said.
The court also said that it was established that the accused had taken the complainant to the CBI office and made an attempt to show that he was following up on his issue.
The court said that this shows that Sharma had accepted gratification to induce a public servant and hence was found guilty of Prevention of Corruption Act.
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