A Special CBI court has sentenced former senior assistant Shyam Singh Chauhan to four years of rigorous imprisonment in a 2017 bribery case, observing that corruption by public servants is “paralysing” public institutions and requires deterrent punishment.
The two four year sentences will, however, run concurrently, meaning Chauhan will serve a maximum substantive sentence of four years. The fine has been paid. Unwilling to pay, Singh approached the CBI, following which a case was registered. The CBI had also recorded the conversation between the complainant and Chauhan after receiving the bribery complaint.
Special judge Bhawna Jain awarded Chauhan four-years rigorous imprisonment under Section 7 of the Prevention of Corruption Act, 1988 (demanding and accepting an undue advantage/bribe by a public servant) and another four years under Section 13(1)(d), punishable under Section 13(2) of the Act (criminal misconduct by a public servant). The court also imposed a fine of ₹ 10,000 under each section, with six months simple imprisonment in default of payment of each fine. On July 11, 2017, the agency laid a trap and arrested Chauhan while he was allegedly accepting the bribe near the Manimajra office.
During sentencing, Chauhan sought leniency, telling the court that he had a clean service record, had never faced a departmental inquiry and had no criminal antecedents apart from the present case. He also cited his family circumstances, stating that his three unmarried daughters, son and elderly ailing mother were dependent on him. Referring to Supreme Court (SC) judgments in Neeraj Dutta vs state (government of NCT of Delhi) and state of MP vs Shambhu Dayal, the court stressed the impact of corruption on public institutions.
The court observed that the manner in which Chauhan had “very clandestinely” demanded and accepted the bribe, while pretending that a substantial portion was meant for another official and only a smaller portion for himself, established his intention.
The court directed that any period already spent by Chauhan in detention during investigation, inquiry or trial be set off against the sentence under Section 428 of the CrPC. It also ordered preparation of his warrant of commitment.
