TIRATH SINGH RAWAT Vs. C.B.I.

JUDGEMENT

(1.) THE Appellant herein has preferred this appeal under Section 27 of the Prevention of Corruption Act, 1988 (hereinafter referred to as ,,PC Act) read with Section 374 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ,,the Code) against the judgment dated 11.07.2003 and the sentence dated 14.07.2003 passed by the Special Judge, Delhi. The appellant has been convicted under Section 120 -B of the Indian Penal Code, 1860 (hereinafter referred to as ,,IPC) read with Section 7 and 13(1)(d) read with Section 13(2) of the PC Act. The appellant has also been held guilty and convicted for the substantive offences under Section 7 and 13(1) (d) read with Section 13(2) of the PC Act and accordingly, has been directed to undergo rigorous imprisonment for a period of four years. In addition, a fine of Rs.500/ - has been imposed. The sentence of imprisonment is to run concurrently. In the event of default in payment of fine, the appellant will be required to undergo further rigorous imprisonment of three months on each count. The fine has already been paid by the appellant. The order dated 20.11.2003 evidencing the same is on record.

(2.) THE substratum of the charge as against the appellant, who was Sub Inspector, is of having demanded and accepted illegal gratification from one Praveen Kumar, the complainant. The case set up by the prosecution against the appellant is briefly enunciated as under: -

(3.) LEARNED Counsel for the appellant has filed a detailed synopsis exhaustively putting forth his arguments impugning the judgment of the Special Judge. I shall endeavour to deal with every argument advanced on behalf of the appellant.