UDAI SINGH Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the impugned judgment dated 31st January, 2011 in corruption case CC No.22/2004, FIR No.55/2001 P.S. Anti Corruption Branch, Delhi and the consequent order on sentence dated 2nd February, 2011 whereby the appellant Udai Singh, Head Constable, Delhi Police has been convicted for the offences punishable under sections 7 & 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 (for short P.C. Act) and sentenced to undergo R.I. for a period of one year and 6 months, besides fine of Rs. 4,000/-, in default to undergo imprisonment for a period of six months for the offence under Section 13(2) read with Section 13(1)(d) of the P.C. Act.

(2.) Briefly stated, case of the prosecution is that on 10th October, 2001 complainant Mustafa (PW-4) visited Anti-Corruption Branch, Delhi and complained that S.I. Praveen Kumar of Police Post Pitam Pura had demanded bribe of Rs. 5,000/- from him to close the case pending against his nephew Mohd. Shakir. He also stated that he could arrange only Rs. 3,000/- and produced 6 GC notes of Rs. 500/- denomination each.

(3.) The complaint was reduced into writing and it was decided to organise a trap. Pre-raid proceedings were completed. One Rakesh Kumar (PW-7), LDC, Social Welfare Department was joined as a panch witness to the raid party. Thereafter, raid party reached at Police Post Pitam Pura. On that day, S.I. Praveen Kumar was not present and the complainant and the panch witness met the appellant in the office room at the police post. The appellant told the panch witness to go out of the office room and asked the complainant to remain there. Sometime later, the appellant told the complainant to come alone on the next day, i.e. 11th October, 2001 at 9.00 a.m.