RAJIV SHARMA Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment dated 9th July 2008 passed by the learned Special Judge, Delhi in CC NO. 6/99 convicting the Appellant for the offences under Sections 7 and 13 (1) (d) of the Prevention of Corruption Act, 1988 ("PC Act") punishable under Section 13 (2) of the PC Act as well as the order on sentence dated 10th July 2008 whereby for the offence under Section 7 of the PC Act, the Appellant was sentenced to undergo rigorous imprisonment ("RI") for 4 years along with a fine of Rs.20,000 and in default to undergo RI for two months. For the offence under Section 13 (2) of the PC Act he was sentenced to undergo RI for 4 years and a fine of Rs.20,000 and in default to undergo RI for two months. Both sentences were directed to run concurrently.

(2.) The Appellant was employed in the Delhi Tourism and Development Corporation ("DTDC") as an Assistant Manager (Tours). Amongst his duties was the verification of the bills of hire charges submitted by private taxi operators whose taxis were hired by the DTDC on commission basis for its customers. Swami Charan (PW-1) was one such taxi service operator. The taxi service was called Kumar Tours & Travels ("KTT"). The taxis of KTT were attached to the DTDC at Delhi Airport. According to PW-1, the Appellant was the incharge of the counter of DTDC at the airport and had demanded Rs.2000 for the clearance of his bills.

(3.) On 24th September 1996, PW-1 went to the Anti Corruption Branch ("ACB") and gave his complaint in writing (Ex. PW-1/A) which was received by Ramesh Singh (PW-10) posted as Inspector in the ACB. The complaint was recorded in the presence of the panch witness S.S Arora (PW-8), a UDC with the Sales Tax Department, Delhi Secretariat. In the complaint PW-1 stated he had submitted bills for the period 1st to 15th September 1996 at the counter of the IGI Airport and the Appellant demanded the bribe amount. PW-1 called the Appellant on telephone at around 9.30 am on 24th September 1996 and enquired about his bills. The Appellant asked PW-1 to come that evening at around 4 or 4.30 pm with the bribe amount in order to get his work done.