GIREESAN A. Vs. STATE OF DELHI

JUDGEMENT

(1.) The appellant-accused was a traffic constable in Delhi Police and on 23 rd April, 1993 while he was performing traffic duty alongwith one Sub-Inspector Vijender Pal Sharma both of them were arrested by the anti-corruption branch officials for their having demanded and accepted bribe of Rs.50/- from one truck driver Bhupinder Singh for not challaning him. The bribe was allegedly demanded by the said SubInspector and on his direction was accepted by the appellant herein from the said Bhupinder Singh. Both of them were apprehended in a trap laid by the anti-corruption branch officials who were present near the place where bribe was demanded by the Sub-Inspector from Bhupinder Singh. They were positioned there as there were complaints that traffic officials were indulging in corrupt practices and on noticing Bhupinder Singh to be in some problem they had asked him as to what was the matter and then he had complained to them that the SubInspector on duty at that place had stopped his truck and was demanding bribe for letting him go without being challaned.

(2.) In due course the appellant was charge-sheeted for the commission of the offences punishable under Sections 7 and 13 (1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (in short P.C. Act?) while the Sub-Inspector was got discharged from the Special Judge. The appellant was then tried for the aforesaid offences and finally vide judgment dated 20 th March, 1998 he was convicted also for both the offences and vide order dated 21 st March, 1998 he was sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs.1,000/-, in default to undergo further rigorous imprisonment for three months u/s 7 of P.C. Act and rigorous imprisonment for one year and six months and to pay fine of Rs.2,000/-, in default to further undergo rigorous imprisonment for six months for the conviction under Section 13 (1)(d).Feeling aggrieved, the present appeal was filed by the appellant.

(3.) The detailed facts leading to the prosecution and conviction of the appellant-accused were noticed by the learned Special Judge in the impugned judgment and the relevant paras are re-produced below are as under: