R P S YADAV Vs. CBI

JUDGEMENT

(1.) The captioned appeal has been preferred against the judgment dated 17.01.2002 passed by Shri M.L. Sahni, Special Judge, Tis Hazari Court, Delhi in CC No.10/1999.

(2.) By virtue of the impugned judgment, the appellant (i.e., Sh R.P.S. Yadav) has been convicted for offences under Section 7 and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 (hereinafter referred to as "the P C Act, 1988"). As a result thereof, the appellant has been sentenced to undergo simple imprisonment for a period of two years in respect of conviction under Section 7 of the P C Act, 1988 with a fine of Rs 3000/-. In default of payment of fine, he is required to undergo simple imprisonment for a further period of one and a half month. In so far as the appellant's conviction under Section 13(2) read with Section 13(1)(d) of the P C Act is concerned, he has been sentenced to undergo simple imprisonment for a period of two and a half years with a fine of Rs 7000/-. In default of payment of fine, the appellant is required to undergo a further period of incarceration (i.e., simple imprisonment) for a period of two months. The two sentences are to run concurrently.

(3.) The conviction of the appellant has occurred in the background of the following circumstances which are adverted to in the complaint (Ex PW3/F) and the FIR (Ex PW8/A). The circumstances being as follows: The complainant in this case is one Sh Hamid Khan (PW-3) who was at the relevant point in time running a tailoring shop at F-237, New Seema Puri, Delhi. In connection with the said business, in the year 1994, Hamid Khan (PW-3) had applied for a licence to the Municipal Corporation of Delhi (in short "MCD"), Health Department, located in Shahadra Zone Delhi. Hamid Khan (PW-3) in response to his application received a letter in April, 1995 from MCD, inter alia, calling upon him to furnish certain documents related with the tailoring shop he ran at the premises, referred to hereinabove. Even though Hamid Khan (PW-3) evidently, had filed the papers sought for, he did not receive any response from MCD for a considerable period of time. It is in this connection that the Hamid Khan (PW-3) visited the appellant, an employee of MCD; upon being informed that the appellant was the concerned person who, he would have to meet in order to process his papers.