RAJINDER KUMAR NARANG Vs. STATE

JUDGEMENT

(1.) The appellant is aggrieved by the impugned judgment and order of sentence dated 07.2.2006 wherein he had been convicted under Sections 7 and 13(1)(d) read with Section 13(2)of the Corruption of Prevention Act (hereinafter referred to as the said Act) and had been sentenced to undergo RI for a period of 3 years and to pay a fine of Rs.15,000/- in default of payment of fine to undergo SI for 6 months for the offence under Section 13(1)(d) of the said Act; for the offence under Section 7 of the said Act he has been sentenced to undergo RI for a period of 2 years and to pay a fine of Rs.5000/- in default of payment of fine to undergo SI for 4 months. Sentences were to run concurrently. Benefit of Section 428 IPC was granted to the appellant.

(2.) The facts as emerged from the record show that on 26.7.1999 an oral complaint was filed by Ravinder Kumar (PW-3) to the Inspector of the Anti Corruption Branch which was to the effect that the appellant who was working as a junior engineer (Buildings) of the Rohini Zone of the MCD had demanded illegal gratification of Rs.10,000/- for giving Form-C which was required by PW-3 for the construction which he was carrying out over his plot in Maulana Azad Co-operative Group Housing Society, Pritam Pura, Delhi. This complaint Ex.PW-3/A (scribe of whom was not examined), stated that the complainant had applied for his Form-C in the office of the MCD, Rohini Zone a week ago; the Inspector had gone for site inspection; on 22.7.1999 the complainant had gone to MCD office and enquired about his Form-C wherein he was told that to obtain the From-C he would have to pay a sum of Rs.15000/- which was negotiated down to Rs.10,000/-. Under pressure the complainant agreed to pay this amount in his office on 26.7.1999; however, since he did not wish to pay this amount he made the present complaint.

(3.) Pre-trap proceedings were arranged at 2.55 p.m. on the same day. Shadow witness Prabhunath Prashad (PW-10) was asked to join. In his presence a demonstration was given by the raid officer ACP V.P.Singh (PW-12). 20 GC notes in the sum of Rs.500/- each which had been handed over by the complainant to the raid officer were coated with phenolphthalein powder; a live demonstration by dipping the hands of PW-10 after touching the tainted notes was conducted upon PW-10; the solution turned pink in colour. PW-3 was explained that he was to hand over the money only on demand.