V K SHARMA Vs. STATE DELHI ADMINISTRATION

JUDGEMENT

(1.) The appellant in this appeal by special leave has been convicted under Section 5 (2) of the Prevention of Corruption Act, 1947 - hereinafter called the Act, read with Section 5 (1) (d) and under Section 161 of the Indian Penal Code. The Trial Judge sentenced the appellant under each count to undergo rigorous imprisonment for 2 1/2 years. Sentences to run concurrently. He was also sentenced to pay a fine of Rs. 1,000/- under Section 5 (1) (d) of the Act. The Delhi High Court dismissed the appellant's appeal subject to the reduction in his sentences. The concurrent sentence of rigorous imprisonment for 2 1/2 years has been reduced to one year under each count and the imposition of fine of Rs. 1,000/- has been reduced to Rs. 500/-.

(2.) The appellant was a quasi-permanent Lower Division Clerk of the Central Secretariat Clerical Service, Grade II and was borne on the cadre of Community Development and Co-operation. At the relevant time he was working as Inspector in the Rationing Department

(3.) P. W. 3 Madan Lal was the owner of a Rationing Depot in Gandhi Nagar, Delhi. His complaint was that the appellant had been demanding Rs. 100/- per month by way of bribe under threat of implicating him in some false case. The appellant came to the said witness on 1-7-1967 and demanded the payment of Rs. 100/- that very day. Madan Lal complained to P. W. Gian Chand Sharma, a Municipal Councillor about this demand and the latter called him to his house in the afternoon. P. W. S. L. Arora, Assistant Controller of Rationing was called to the Councillor's place. He after recording the statement of Madan Lal, initialled 8 currency notes of Rs 10/- each, of the total value of Rs. 80/- .Shri Arora instructed Madan Lal to go to the appellants office along with two witnesses. Madan Lal proceeded to the appellant's office with P. W. 5 Agya Ram Batra and P. W. 8 Deputy Lal Talwar. He handed over the amount of Rs. 80/- to the appellant saying that he would pay Rs. 20/- later on. On the giving of signal by Deputy Lal, Arora arrived and recovered the currency notes from the pocket of the appellant's bush-shirt. The amount recovered from the appellant's bush-shirt consisted of the same 8 currency notes which had been earlier initialled by Arora. After obtaining the sanction of P. W. 1 S. P. Iyer, Deputy Secretary, Department of Community Development and Co-operation, Government of India for the prosecution of the appellant and after investigation the police flied a challan against him under Section 5 (1) (d) of the Act and under Section 161 of the Penal Code.