In a setback to former Telecom Minister Sukhram, the Delhi High Court on Wednesday upheld his conviction and three year jail term in the 1996 telecom scam.
While dismissing Sukhram's appeal against his conviction, a bench of Justice S Ravindra Bhat and Justice G P Mittal also upheld the conviction of ex-deputy Director-General of the Department of Telecommunication (DoT) Runu Ghosh and Hyderabad-based Advanced Radio Masts (ARM) managing director P Rama Rao.
The 1996 telecom scam involved award of a contract to a Hyderabad firm for supplying telecom equipment to government at exorbitant rates.
The court also upheld the jail terms of Ghosh and Rao for two years and three years respectively, awarded by the trial court to them in July 2002.
The court ordered all three to surrender forthwith before the trial court to serve the sentence.
"The order on sentence impugned in all these appeals are, for the above reasons affirmed and left undisturbed. The appellants shall surrender and serve their sentences; they shall appear before the trial court for this purpose on January 5, 2012."
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In its 120-page judgment, the bench, however, acquitted Sukhram of the charge of conspiracy in giving the equipment-supply contract to ARM. It, however, upheld the conviction of Ghosh and Rao on charges of conspiracy.
"The appeals of Ghosh and Rao, accordingly fail and are dismissed; Sukhram's appeal against conviction for conspiracy under section 120B IPC succeeds and is allowed," the court said.
The court, however, upheld Sukhram's conviction on charges of misusing his official position for pecuniary gains in the scam besides committing criminal misconduct.
"Sukhram's appeal against his conviction under section 13 (1)(d) sub section (ii) and (iii) (abusing official position for pecuniary gains) read with section 13(2)(criminal misconduct) fails and is dismissed," it said.
"It is held that the prosecution successfully proved that Mr Rama Rao and Ms Runu Ghosh were guilty of committing the offences punishable under sections 120B IPC, read with section 13(1)(d) read with section 13(2)," it added.
The high court upheld Sukhram's conviction close on the heels of a trial court holding him guilty in another case involving supply of telecom cables to the Department of Telecommunication during his tenure as telecom minister in mid 90s.
The court had sentenced him to five years imprisonment for taking Rs three lakhs as bribe to give the lucrative contract to another private firm in 1996. Later, the high court had stayed the conviction and granted him bail.
