NEPAL SINGH RAWAL Vs. CBI

JUDGEMENT

(1.) The instant appeal is being filed against the judgment/order dated 27.10.2004 of Special Judge wherein the appellant was convicted to rigorous imprisonment for two years and to pay a fine of 25,000/- for the offence punishable under Section 7 of the PC Act. In default of payment of fine, he shall undergo simple imprisonment for three months each. Convict is further sentenced to rigorous imprisonment for three years and to pay a fine of 25,000/- for the offence punishable under Section 13(2) read with 13(1)(d) of PC Act. In default of payment of fine, he shall undergo simple imprisonment for six months each. It is further directed that all the substantive sentences shall run concurrently and period of detention already undergone during investigation/trial of the case, if any, shall be set off under Section 428 Cr.P.C.

(2.) The essence of the allegation against the appellant is that, working as an Assistant Collector, Grade-II, Recovery Wing, Delhi Development Authority, he was pursuing proceedings against M/s. Pragati Construction Company for recovery of ground rent for the sum of .77,44,000/- and had issued arrest warrant against the owner of the said company. It is further alleged that the Civil Judge had stayed the recovery proceeding and directed the DDA to issue demand notice as per the order of the Financial Commissioner and that the appellant demanded .10,000/- "for complying with the said order of learned Civil Judge".

(3.) The charge sheet was filed, wherein, the appellant has been shown in Column No. I, as accused whereas his son namely Yash Pal Rawal and Lalu Sahu (juice vender) are shown in Column No. 2.