JAGAT MOHAN LAL Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal No. 175/77 has been pending in this Court for nearly 23 years and can brook no further delay. The matter has been shown part-hard before this Court today but no counsel has cared to address arguments before this Court. With the help of the learned counsel for the State, I have gone through the judgement under challenge as also the record of the case.

(2.) Brief facts of the case are that Jagat Mohan Lal, Assistant Chief Accountant, Municipal Corporation of Delhi, a public servant, has been charged that on 6.7.73 while employed and posted to discharge his official duties as a public servant abused his position and accepted Rs. 500.00 as illegal gratification from Prithipal Singh-Public Witness as a motive or reward for giving him cheque No. OB-9/666783 dated 3.7.1973 for Rs. 15,435.00 for wheel barrows that was supplied by his son and thereby he had committed the offences punishable under Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act and Section 161 Indian Penal Code.

(3.) The complaint put up and exhibited as Ex. Public Witness-1/8 dated 6.7.1973 of Shri Prithipal Singh Public Witness-1 states that in the year 1972 he had undertaken a contract in the name of his son T.S. Bhatia for Asia 72 Exhibition from the Corporation for supply of 1000 items of wheel barrows at the rate of Rs. 245.00 each. In fact, only 60 wheel barrows were supplied for which the bill Ex. Public Witness-1/A dated 2.4.1973 for Rs. 15,435.00 was submitted in the City Zone Office of the Corporation. The complainant, was experiencing some difficulty in receiving the cheques from the Corporation and, therefore, met the accused, who was posted as Assistant Chief Accountant in the City Zone of the Corporation but with no result. The complainant met the accused three or four times and ultimately the accused promised to get the cheque prepared within 2/4 days but demanded Rs. 500.00 as bribe. The complainant reluctantly agreed to pay the bribe amount to the accused and on 5.7.1973 once again met the accused to enquire about the cheque. On that day, it was decided that the complainant will pay the amount of bribe, namely, Rs. 500.00 on 6.7.1973.