Summary
The Court affirmed the corruption and conspiracy convictions of Rajiv Kumar and Neera Yadav for manipulating NOIDA plot conversion, use and area to secure a valuable allotment for Kumar. Their coordinated acts and surrounding circumstances proved prior concert. Imprisonment was reduced from three years to two years while the convictions remained intact.
Issues
- Whether the plot transactions proved abuse of office and criminal conspiracy rather than routine official action.
- Whether the sentences should be reduced on the stated circumstances.
Provisions considered
- Section 13(1)(d), with Section 13(2), as applicable to the offences, Prevention of Corruption Act, 1988Obtaining valuable property or pecuniary advantage through the relevant statutory forms of misconduct attracted liability. (¶¶ 10, 46–48)
Held
- The Court found double conversion contrary to policy, conversion of a guest-house plot for residential allotment, favourable pricing and subsequent enlargement. The documentary and oral evidence established dishonest advantage; the Court disagreed with the lower courts’ single-conversion finding. (¶¶ 11–28, 35–42)
- Conspiracy requires a meeting of minds to commit an illegal act or use illegal means. Direct evidence is often unavailable, and prior concert may be inferred from conduct and surrounding circumstances. Yadav’s involvement at the material stages and the coordinated manipulation proved that concert here. (¶ 44–48)
- The age of the 1994 occurrence, service and retiral consequences, and the stated surrender and refund-forgoing circumstances justified a reduction to two years for both appellants. This was a sentencing modification alone. (¶ 50–53)
Result
Appeals partly allowed only as to sentence; convictions confirmed and imprisonment reduced from three years to two years.