YASHPAL RAGHAV Vs. STATE

JUDGEMENT

(1.) The appellant herein has preferred this appeal against his conviction by the impugned judgment dated 17.03.09 under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988. Vide order dated 18.03.09, the appellant has been sentenced to undergo rigorous imprisonment for a period of one year and a fine of Rs. 3000/- for the offence punishable under Section 7 of the Prevention of Corruption Act, 1988 and in default of payment of fine, simple imprisonment for a period of three months. For the offence under Section 13(2), the appellant has been sentenced to rigorous imprisonment for a period of one year and a fine of Rs. 3000/- and in default in payment of fine, simple imprisonment for a period of three months. Both sentences are to run concurrently.

(2.) The case of the prosecution is that the complainant, Anil Kumar (PW-3) was employed as a safaikaramchari on daily wages in Circle No. 78 S.P Zone. The appellant herein was employed in the capacity of an Asst Sanitary Inspector and had demanded a bribe of Rs. 1000/- from the complainant for marking his attendance for a period of two months. The appellant instructed the complainant to come with the bribe money on 19.04.06 at 9:00 a.m. Thereafter the complainant went to the Anti Corruption Branch and got his complaint Ex. PW3/A recorded in the presence of panch witness Sudhanshu Kumar. A demonstration was given by the raid officer of the phenolphthalein treatment of GC notes brought by the complainant and the raid proceedings were carried out.

(3.) On 19.04.06, the raiding team went to Ward No. 78 SP Zone. Panch witness and the complainant were sent inside the office and the Raid Officer along with members of raiding team followed them and took suitable positions in front of the office. The Raid Officer saw that the complainant, panch witness and the appellant stood near the gate and were talking and he saw the complainant take out the treated GC notes from his pocket shirt and handed them over to the appellant.