BRAHAM PAL Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) This application is filed by the Appellant under Section 389 of the Code of Criminal Procedure praying inter alia for suspension of sentence during the pendency of the accompanying appeal. By the impugned judgment dated 14.02.2011, the Appellant was found guilty and convicted by the learned Special Judge, Anti Corruption Branch, of the offences under Section 120B IPC read with Section 7 and 13(1)(d) of the Prevention of Corruption Act (hereinafter referred to as 'the Act') as also under Section 7 of the Act as well as Section 13(1)(d) read with 13(2) of the Act. As per the order on sentence dated 17.02.2011, the Appellant was awarded a sentence of rigorous imprisonment for a period of two years and a fine of 4,000/-, in default whereof, simple imprisonment for a period of six months for the offence under Section 120B IPC read with Section 7 and 13(1)(d) of the Act and further sentenced to undergo rigorous imprisonment for a period of two years and a fine of 4,000/-, in default whereof, simple imprisonment for a period of six months for the offence under Section 7 of the Act and further sentenced to undergo rigorous imprisonment for a period of two years and a fine of 4,000/-, in default whereof, simple imprisonment for a period of six months for the offence under Section 13(2) of the Act. All sentences were directed to run concurrently.

(2.) The brief facts of the case are that the Appellant was employed as a Beldar with the MCD and as per the prosecution, he alongwith his co-accused, Gulam Haider Zilani, who was employed as a Junior Engineer with MCD, had asked for a bribe of 50,000/- from the complainant (PW4) for allowing him to continue to carry out construction of the first floor in his house, failing which they would have demolished the said construction. After the complainant expressed his inability to pay the sum, the Appellant and his co-accused reduced their demand to 10,000/-. The complainant lodged a complaint with the Anti Corruption Branch against both the Appellant and the co-accused, for demanding a bribe from him. On receiving such information, a trap was laid for the Appellant and his co-accused and on 8.03.2007, a raiding party, including the Raid Officer (PW11), the Panch Witness (PW6) and other members, apprehended the Appellant and his co-accused, Gulam Haider Zilani, from the first floor of the house, accepting the aforesaid GC notes from the complainant as bribe money. When the hands and the pocket of Braham Pal were washed with water, the same turned pink, indicating that the aforesaid GC notes had been handled by him.

(3.) Charges were framed against the Appellant and his co-accused, who pleaded not guilty and claimed trial. In the trial, 13 prosecution witnesses including the complainant (PW4), Raid Officer (PW11), and the Panch Witness (PW6) were examined. Statements of the Appellant and his co-accused were recorded under Section 313 CrPC, however neither of them led any defense evidence. On an examination of the evidence which came on record, the trial court arrived at the conclusion that the prosecution had placed sufficient evidence on record to hold that the Appellant and his co-accused, both public servants, were guilty of conspiring to accept illegal gratification, from the complainant, thereby committing offences under 120B IPC and Section 7, 13(1)(d) read with Section 13(2) of the Act.