DINESH Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the impugned judgment dated 13th March 2008 passed by the learned Special Judge in CC No. 1/03 holding the Appellant guilty for the offences under Section 7 and 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988 ("PC Act") and the order on sentence dated 17th March 2008 sentencing him to rigorous imprisonment ("RI") for two years and fine of Rs. 2,000, and in default, to undergo simple imprisonment ("SI") for a period of one month for the offence under Section 7 of the PC Act. For the offence under Section 13(1)(d) read with Section 13(2) of the PC Act, the Appellant was sentenced to undergo rigorous imprisonment for two years with a fine of Rs. 2,000, and in default, to undergo simple imprisonment ("SI") for two months.

(2.) The case of the prosecution is that the Complainant, Radhey Shyam (PW4) was running a soda/ cold drinks business at Shop No. 280, Subzi Mandi, Delhi. The Appellant Dinesh Kumar was working as Vaccinator in S.P. Zone, Municipal Corporation of Delhi ("MCD"). According to PW4, the Appellant demanded from him a bribe of Rs. 1,000 per month for not sealing the cold drink unit and for not challaning the shop. On 17th July 2001, the Appellant is stated to have gone to the shop of PW4 and demanded a bribe of Rs. 1,000 per month. Pursuant to negotiations, it was agreed between them that PW4 would pay Rs. 500 and that the Appellant would come at around 11:00 am on 18th July 2001 to collect the bribe amount.

(3.) Since PW4 was against giving the bribe, he went to the Anti Corruption Branch (ACB) and got his complaint (Ex.PW4/A) recorded in the presence of the panch witness, Vinay Kumar (PW8). PW4 produced one government currency ("GC") note of Rs. 100 and eight GC notes of Rs. 50. Inspector M.S. Sanga (PW7), the raid officer ("RO") noted the serial numbers of the GC notes in his pre-raid report (Ex.PW4/B). The RO applied phenolphthalein powder on the GC notes and gave a demonstration to PWs 4 and 8. Thereafter, the treated GC notes were given to PW4 and he kept them in the left pocket of his shirt. PW7 was instructed to remain close to PW4 and to overhear the conversation between PW4 and the Appellant and to give a signal after the bribe amount was paid.