I.U.BABBAR Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) The appellant is aggrieved by the impugned judgment and order of sentence dated 20.12.2005 and 21.12.2005 wherein he had been convicted under Section 7 and Section 13 (2) read with Section 13 (1)(d) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the "said Act?) and had been sentenced to undergo RI for a period of 1 year and to pay a fine of Rs.1,000/- and in default of payment of fine to undergo SI for 2 months for the offence under Section 7 of the said Act.

(2.) The appellant before this Court was working as an additional public prosecutor in the Court of Additional Sessions Judge, Karkardooma Court at the time of the incident. The complainant Shahjahan Begum, a muslim lady was aggrieved by the acts of the appellant; he being the public prosecutor was conducting a murder trial qua the in-laws of her deceased daughter who were facing trial in FIR No. 114/2000, PS Khajuri Khas for having committed the murder of the daughter of the complainant. The allegations against the appellant were that he initially demanded a bribe of Rs.31,000/- from the complainant for conducting the case properly; it was negotiated down to Rs.21,000/- and since the complainant was financially unstable, she had agreed to pay the monthly installments of Rs.2,000/-. She however being aggrieved by his attitude was not ready to pay this amount. She accordingly narrated her grievance before the CBI and a complaint to the said effect (Ex.PW-1/A) was filed by her in the CBI office.

(3.) Further version of the complainant being that she had gone to the office of CBI along with her husband Mohd. Nizam (PW-2) to get this complaint registered. FIR (Ex.PW-9/A) proved through DSP Ajay Kumar (PW-9) was thereafter registered on this complaint.