R.C. JAIN Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) This appeal is preferred against the impugned judgment dated 12th December 2007 passed by the learned Special Judge in Complaint Case No. 23 of 1999 convicting the Appellant for the offence under Section 7 and Section 13 (1) (d) read with Section 13 (2) of the Prevention of Corruption Act, 1988 ( PC Act?) and the order on sentence dated 13th December 2007 by which, for the offence under Section 7 PC Act, the Appellant was sentenced to undergo rigorous imprisonment ( RI?) for a period of three years and a fine of Rs. 10,000 and in default, to undergo simple imprisonment ( SI?) for three months and, for the offence under Section 13 (2) read with Section 13 (1) (d) of PC Act, the Appellant was sentenced to undergo RI for a period of three years with a fine of Rs. 10,000, and in default, to undergo SI for three months. Both the sentences were directed to run concurrently.

(2.) The case of the prosecution was that the Appellant was working as a Junior Engineer ('JE') with the Delhi Development Authority ( DDA?). His duty was to detect the unauthorized construction being carried out in the development area. In December 1994, he is stated to have reported about the unauthorized construction being carried out by one Risal Singh, Dharampal and Bhim Singh, the Complainant in the present case (PW-7). On the basis of the report, a complaint was filed in the court of the Metropolitan Magistrate ( MM?) against the aforementioned persons. The defence of PW-7 was that he had been falsely implicated.

(3.) The above case was listed before the learned MM on 17th March 1998. PW-7 is stated to have met the Appellant and informed him that he had been falsely implicated as he was not carrying out any unauthorized construction. The Appellant informed PW-7 that he would get the case closed with a small fine if PW-7 paid a bribe of Rs. 15,000. When PW-7 expressed his unwillingness to pay the said sum, the Appellant agreed to accept Rs. 10,000 as bribe. On 17th March 1998, before the learned MM, statement of Mr. Chawla, Deputy Director, DDA was recorded in part and the case stood adjourned to 3rd April 1998.