RAM AVTAR Vs. STATE

JUDGEMENT

(1.) This criminal Appeal is directed against the judgment/order dated 19-8-76/20-8-76 of the learned Special Judge, Delhi by which he convicted the appellant under Section 161 of the Indian Penal Code and under Section 5(2) read with Section 5(l)(d) Prevention of Corruption. Act, 1947 (hereinafter called the Act, and sentenced him to Rigorous Imprisonment (Rl) for one year under first count and a similar sentence with finis of Rs. 100 or in default to suffer further Rl for one month under the second count. The substantive sentences of imprisonment were made to run concurrently.

(2.) The prosecution case is based upon a complaint made by Rajesh PW7 to the Superintendent of Police, CBI, Kota House, New Delhi. He stated in the complaint as follows: "I am running my philately business for the last about 3 years. On 22nd July, 1974 my house No. A-45, East of Kailash, New Delhi-24 was searched by Shri Ram Saran MaliK, DSP Economic Offences Wing, Jam Nagar House, New Delhi. After the search I was arrested and was bailed out on 25th July, 1974 by the court. The DSP had come to my house in a jeep which was driven by Shri Ram Avtar, driver (appellant in this appeal). After 10 15 days of the search of my house I was called in Jam Nagar House by Shri Ram Saran Malik DSP. I reached there at 10.00 A.M. and remained there till 4.30 P.M. Shri Ram Saran Malik DSP did not record my statement and at 4.30 P.M. only asked, me to again come to his office next day at 4.00 P.M. When I came out of the oftice, the said driver of the jeep approached me and told that nothing would happen against me. Next day i again went there at about 4.00 P.M. but Shri Ram Saran Malik DSP was not present in his office. The driver informed me that DSP was not present and directed me to come again to the office next day with some money and he would give me some information of my interest. I again went to the said office next day at about 3.30 P.M- Shri Ram Saran Malik asked me that he does not requite me at present. The driver was present who asked me to go to India Gate where he would also be coming. Accordingly I went there and the driver also arrived within 5-10 minutes. He told me that there was nothing in the case and I should not worry at all. Thereafter he demanded a sum of Rs. 150 and further told that he would supply me useful information about my case. I put him off by saying that I have no money at present and would certainly please him. I was again called by,Shri Ram Saran Malik DSP on 23rd August, 1974 at 11.00 A.M. He was present in his office but asked me to wait for sometime as he was busy with some other important work. I told him that I was not feeling well and after his permission I returned to my house. As soon as I came out of his office the driver approached me arid again demanded a sum of Rs. 150 and told that he would supply me very useful information pertaining to my case. I pat him off on the pretext that I .have no money with me at the moment. Thereupon he told me that he would come to my residence on 25 august,1974 at about 6.00 P.M. and would collect the money to which I consented. I am not in favour of giving bribes. Necessary action may kindly be taken. Yours faithfully, Dated 24-8-74 sd/- Rajesh Kumar A-45, East of Kailash, Delhi-24." 1725 HCD/94 19.

(3.) Rajesh submilted this complaint to DIG Mr mukherjee on the same day, who called DSP Chander Bhan of the CBI in the presence of Rajesh. Mr. Mukherjee handed over the complaint bx. PW5/A of Rajesh to Chander Bhan and asked him to investigate. formal FIR Ex. PW5/B was recorded. The DSP directed Rajesh to see him on the following day in CBI office, Safdarjung Enclave at about 3.30 P.M. and bring along the bribe money amounting to Rs. 150. He also gave direction to lnspeclor Joshi and HC Harbans Lal to see him at CBI office on the following day at about 11.00 A.M. On the next day, he proceeded to police post Sector 8, R. K. Puram in a staff car at about 11.45 A.M. with Inspector Joshi and HC Harbans Lal from his SafdarJung Enclave oflice. There he directed HC Harbans Lal to procure two indespendent witnesses from that locality. Accordingly, R. D. pathak PW2 came in the first instance followed by Asa Ram PWI who accompanied HC Harbans Lal. Mr. Chaoder Bhan joined both these persons as independent witnesses. They then reached Safdarjung Enclave CBI office at about 3.00 P.M. Inspector Mukherjee was also joined there in. the raiding party.