LAWS(DLH)-1982-7-9

HAKUMAT RAI NIGAM Vs. STATE

Decided On July 27, 1982
HAKUMAT RAI NIGAM Appellant
V/S
STATE OF DELHI Respondents

JUDGEMENT

(1.) This is an appeal from the order of the Special Judge dated November 6, 1974 in a corruption case.

(2.) These are the facts. The appellant was a superintendent in the office of the Small Scale Industries Corporation (Corporation) at Okhla. He was charged on two counts : (1) for an offence under S. 161 I.P.G. (1) and (2) an offence under Section 5(2) read with Section 15(1 )(d) of the Prevention of Corruption Act (the Act). The Special Judge found him guilty on both counts and sentenced him to 1 years on each count, both sentence, to run concurrently. He was also sentenced under Section 5(2) of the Act to a fine of Rs. 300.00 in default of which he was to undergo rigorous imprisonment for two months.

(3.) The main case set up by the prosecution was as follows. The complainant Ranbir Sehgal complained to the office of anti-corruption on May 3, 1971 that the appellant had visited his cycle parts shop at Esplanade Road on April 29, 1971 and had demanded a bribe of Rs 930.00 for getting the complainant's case in the office of the Corporation expedited. Ranbir Sehgal had started a factory for manufacturing cycle and motor parts in the name of Sehgal Cycle Works. He was in need of a gear shaper machines for his factory. He applied to the Corporation to enable him to purchase it on hire purchase basis. It was in this connection that the appellant was alleged to have demanded the bribe. It is common case that the application of the complainant was pending at that time before the Corporation.