JAI NARAYAN Vs. STATE

JUDGEMENT

(1.) The present appeal has been filed challenging the judgement dtd. 29/3/2007 and the order on sentence dtd. 30/3/2007 passed by the Ld. Spl. Judge in SC No. 12/2004 arising from FIR No. 38/2003 at PS Anti-Corruption Branch. Vide the impugned judgement dtd. 29/3/2007 the appellant has been convicted for the offences under Ss. 7 and 13 (2) of Prevention of Corruption Act, 1988, and vide the order on sentence dtd. 30/3/2007 he was sentenced to undergo RI for three and a half years along with fine of Rs.3,000.00 under Sec. 7 of the PC Act, 1988, and in default of fine, he was directed to undergo SI for a period of three months. The appellant was further sentenced to undergo RI for a period of three and a half years along with fine of Rs.3,000.00 under Sec. 13(2) of the PC Act, 1988, and in default of fine, he was further directed to undergo SI for three months. Both the sentences were directed to run concurrently and the benefit under Sec. 428 CrPC was also extended to the appellant.

(2.) Aggrieved of this, the appellant has preferred the present appeal under Sec. 374(1) CrPC.

(3.) Briefly stated the facts are that on 5/8/2003 the complainant one Jai Narayan Saini made a complaint tothe Anti-Corruption Branch alleging therein that he had gone to the office of Delhi Jal Board regarding the problem of hefty water bills and met one meter reader also named Jai Narayan(accused) who is the appellant herein. It was alleged that Jai Narayan (accused) initially demanded a bribe of Rs.500.00 for issuing the duplicate water bills, however when the complainant expressed his inability to pay such a high demand amount, he asked the complainant to give him a bribe of Rs.300.00 on the next day i.e. 5/8/2003, for issuing the duplicate water bills in the name of his wife, in respect of house No. A-25, Sarai Pipal Thala, Delhi.