RAJINDER PARSHAD Vs. STATE

JUDGEMENT

(1.) This appeal of Rajinder Parshad is directed against his conviction under Section 161 Indian Penal Code and under Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act, 1947 (for short the Act) ana the sentence of R.I for two months under Section 161 Indian Penal Code and R.I. for 2 years with a fine of Rs 100.00 under Section 5(2) read with Section 5(l)(d) of the Act vide judgment and order dated 23rd April, 1979 of Special Judge, Delhi. He has also been ordered to undergo imprisonment for one month in case of default of payment of fine with a further direction that the sentences shall run currently.

(2.) . Before discussing the submissions made at the Bar it would be appropriate to have a brief resume of the facts.

(3.) Som Nath s/o Shri Diwan Chand Gulati r/o A-59, New Moti Nagar was carrying on the business of sale of Chhole Batoore at shop No. M-27, in Gali No. 8, Anand Parbat, New Delhi having taken the said shop on rent at the rate of Rs 125.00 per month Sube Singh was working as Sanitary Inspector while Rajinder Parshad was working as Assistant Sanitary Inspector in the area of Anand Parbat and the shop of Som Nath was within their jurisdiction.