PREM SINGH YADAV Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) THIS appeal is directed against the Judgment dated 27th February, 2002 and Order dated 28th February, 2002, whereby, the appellant/accused was convicted by learned Special Judge under Sections 7 and 13(1)(d) of the Prevention of Corruption Act, 1988 (hereinafter, referred to as ,,the Act) and was sentenced to undergo rigorous imprisonment of one year for each offence. He was also ordered to pay fine of Rs.300/- on each count. In case of default of payment of fines, he was to undergo further simple imprisonment of one month each. Both the sentences were ordered to run concurrently.

(2.) THE prosecutions case, as unfolded at the trial, is that PW2/complainant Ajaib Singh lodged a complaint Ex. PW2/A with CBI, Anti Corruption Branch on 25th April, 1989 alleging that he was keeping three cows at his residence and was making his livelihood by selling the milk. Appellant/accused Prem Singh Yadav, posted as a Milk Tax Inspector, MCD, Green Park used to harass him on one pretext or the other and had also challaned him twice before. On 24th April, 1989, the accused came to the complainant with a demand of Rs. 1,000/- as bribe, failing which, he threatened to challan him and detain his cows. THE complainant agreed to pay '500/- on 26th April, 1989 at 10:00 am near his house at Green Park and the balance was agreed to be paid after the marriage of his brother.

(3.) MR. Narender Mann, learned counsel appearing for the CBI submitted that the discrepancies in the statements of witnesses are insignificant and otherwise natural due to long time gap. He submitted that the accused demanded '1000/- from the complainant and on his informing him about the marriage of his brother, he agreed to take '500/- from the complainant after his brothers marriage. Further, on the complainant expressing need, the accused returned '200/- on the understanding that he will be given '700/- after the marriage. He further submitted that there could not be any reason for the accused keeping the money under the cushion instead of keeping it in his pocket.