MANOJ KUMAR Vs. STATE

JUDGEMENT

(1.) Appellants Manoj Kumar and Khazan Singh are aggrieved by the impugned judgment and order of sentence dated 24.04.2006 & 25.04.2006 respectively wherein accused Manoj Kumar has been convicted under Sections 7 & 8 read with Section 13 (1)(d) and Section 13 (2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the 'said Act') read with Section 120-B of the IPC. Co-accused Khazan Singh has been convicted for the offence under Sections 7 and 13 (1)(d) read with Section 13 (2) of the said Act read with Section 120- B of the IPC. Both the accused persons have 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 1 month for the offence under Section 13 (2) of the said Act read with Section 120-B of the IPC; each of the convicts have also been sentenced to undergo RI for a period of 6 months and to pay a fine of Rs.500/- and in default of payment of fine to undergo SI for 15 days for the offence under Section 7 of the said Act read with Section 120-B of the IPC. The convict Manoj has been further 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 1 month for the offence under Section 8 of the said Act. The sentences were to run concurrently. Benefit of Section 428 of the Cr.PC had been granted to the convicts.

(2.) Nominal rolls of the appellants have been requisitioned. They reflect that as on the date of grant of bail accused Manoj had suffered incarceration of about 3- 1/2 months and accused Khazan Singh had suffered incarceration of about 3- 1/2 months.

(3.) The version of the prosecution was unfolded in the complaint made by the complainant Suman Prakash examined as PW-4. In this complaint (Ex.PW-4/A), it was alleged that on 12.05.1993 accused Manoj Kumar, proprietor of M/s Sefali Scale Corporation (authorized to repair weights and measurements) along with co-accused Khazan Singh (Inspector in the Department of Weights and Measurements, Public Servant Department) visited the shop of the complainant; Khazan Singh booked the complainant for not keeping proper weights; challan was issued. After sometime, Manoj Kumar returned to the shop of the complainant and demanded a bribe of Rs.200/- promising him that the challan would be torn if this bribe money is paid. PW-4 refused.