VINOD KUMAR Vs. STATE (GNCT OF DELHI)

JUDGEMENT

(1.) This appeal is directed against the judgment dated 27th May, 2008 passed by the learned Special Judge, Delhi in CC No. 205/07 convicting the Appellant for the offences under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 ('PC Act') as well as the order on sentence dated 29th May, 2008 whereby for the offence under Section 7 of the PC Act, the Appellant was sentenced to undergo rigorous imprisonment ( RI ) for one year along with fine of Rs. 2,000, and in default, to undergo simple imprisonment ('SI') for two months. For the offence under Section 13(2), PC Act, the Appellant was sentenced to undergo RI for 11/2 years along with fine of Rs. 3,000, and in default, to undergo SI for three months. Both the sentences were directed to run concurrently. The case of the prosecution is that the Complainant, Ramesh Suri (PW-4) came to the office of the Anti Corruption Branch ('ACB') on 10th July, 2001 and got recorded his complaint (Ex. PW-4/A) in which it was stated that summons had been received in some case from the Tis Hazari Courts for the appearance of himself and his mother. His mother had expired on 16th June, 2000. In that connection, he was required to produce the death certificate. He accordingly approached the office of the Municipal Corporation of Delhi ('MCD') at Uttam Nagar on 4th June, 2001. There, he met the Appellant, who stated that for issuance of a death certificate on application, an affidavit, a copy of the ration card and certain other documents were required. PW-4 further stated that the Appellant demanded Rs. 500 for furnishing the death certificate and when he expressed his inability to pay that sum, the Appellant agreed to receive Rs. 250. The Appellant then took Rs. 50 and gave him a form. According to PW-4, the Appellant asked him to come again on 10th July, 2001 with the balance sum of Rs. 200. Since PW-4 was not prepared to pay the bribe, he went to the ACB and made the complaint.

(2.) The complaint was recorded in the presence of a Panch witness, A.K. Tripathi (PW-5). The pre-raid proceedings (Ex. PW-4/B) show that PW-4 had reached the ACB office at 7:45 a.m., by which time PW-5 was already present. PW-4 produced two Government currency ('GC') notes of Rs. 100 each the numbers of which were noted down by the Raid Officer ('RO'), Inspector M.A. Salam (PW-7), in the pre-raid proceedings. The GC notes were then treated with phenolphthalein powder by PW-6 and a demonstration of its effects was given. The treated GC notes were handed over to PW-4 for being handed over to the Appellant. PW-5 was asked to remain close to PW-4 so he could hear and observe the transaction. The raiding party comprising the RO, (PW-7), Inspector Ranveer Singh, the Investigating Officer (PW-6), PW-4, PW-5 and certain others left for the spot. After PW-5 gave the pre-determined signal, the RO entered and he was informed by PW-5 that the Appellant had demanded and accepted the bribe of Rs. 200 with his right hand and kept it in his left hand. On the direction of the RO, the panch witness recovered two GC notes of Rs. 100 each from the left hand of the Appellant. These GC notes were tallied with the numbers noted in the Rukka. The washes of both hands of the Appellant turned pink and were preserved in four empty clean bottles which were then sealed and labelled.

(3.) At the trial, 8 prosecution witnesses were examined.