VISHAL NARULA Vs. STATE OF N C T

JUDGEMENT

(1.) This appeal is directed against the judgment dated 1st March 2008 passed by the Special Judge, Delhi in Complaint Case No. 23/03 convicting the Appellant of the offences under Sections 7 and 13 (1) (d) punishable under Section 13 (2) of Prevention of Corruption Act, 1988 ("PC Act") and the order on sentence dated 3rd March 2008 sentencing him to rigorous imprisonment ("RI") for two years and fine of Rs.5,000 and in default to undergo simple imprisonment ("SI") for two months for the offence under Section 7 of PC Act and to undergo RI for two years and fine of Rs.5,000 and in default to undergo SI for two months for the offence under Section 13 (2) PC Act. Both sentences were directed to run concurrently.

(2.) The Appellant was appointed as Programme Assistant at the Pusa Polytechnic Institute, New Delhi ("PPI"). The Complainant was admitted to the post diploma course in computer application in 2000. In the complaint (Ex. PW-6/A) given by him to the Anti Corruption Branch ("ACB"), it was stated that PW-6 had obtained 30 out of 75 marks in the practical examination of the DBMS course and decided to appear for improvement. He deposited Rs.30 at the PPI on 16th October 2002 and when he sought to ascertain the date of the said examination, he met the Appellant who demanded a bribe of Rs.300 from the Complainant for helping the latter get good marks in the practical examination. It was alleged that the Appellant had accepted a bribe amount of Rs.200 from the Complainant on 16th October 2002 itself and asked him to pay the balance on 22nd October 2002. Since the Complainant was against giving of the bribe, he went to the ACB and gave the complaint (Ex.PW-6/A) to Inspector R.S. Khatri, Raid Officer (PW-11) in the presence of Mr.B.S. Chaudhary (PW-10), a panch witness.

(3.) PW-6 produced one government currency ("GC") note of Rs.100 before PW-11 who recorded its serial number in the pre-raid report (Ex.PW-6/E) after getting it checked by PW-10. PW-11 then applied phenolphthalein powder to the said GC note and gave a demonstration to PW-10 and PW-6 by touching the hand of PW-10 with the treated GC note. The hand wash of PW-10 in the solution of sodium carbonate, turned pink. Thereafter, the hands of PW-10 were washed with soap. The treated GC note was given to PW-6 which he kept in the upper left side pocket of his shirt. PW-11 then instructed PW-10 to remain close to PW-6 to overhear the conversation and once the bribe amount was paid PW-10 was to give a signal by raising both his hands over his head. PW-6 was instructed to remain close to PW-10 to enable PW-10 to see the transaction and hear the conversation.