RAJPAL Vs. STATE (GOVT OF NCT OF DELHI)

JUDGEMENT

(1.) This appeal is directed against the judgment dated 23.03.2009, in CC No. 85/2001, arising out of F.I.R. No. 13/2000, passed by Shri A.S. Yadav, learned Special Judge, Delhi, convicting the Appellant for the offences under Section 7 and Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 ('PC Act'), and the order on sentence dated 24.03.2009 whereby for the offence under Section 7, PC Act, he was sentenced to undergo Rigorous Imprisonment ('RI') for a period of one year and to pay a fine of Rs. 3000/- and in default of payment of fine, to undergo Simple Imprisonment ('SI') for three months, and, for the offence under Section 13(1)(d) read with Section 13(2) PC Act, the Appellant had been sentenced to undergo RI for a period of one year and to pay a fine of Rs. 3000/-, and in default of payment of fine, to undergo SI for three months. Both the sentences were directed to run concurrently.

(2.) At the outset, I may note that during the course of the appeal, the appellant died on 10.01.2012. The appeal has been pursued by the daughter of the deceased appellant.

(3.) The case of the prosecution is that on 01.02.2000, complainant Nasir Khan (PW-4) submitted an application in the office of SDM, Seelampur for obtaining an Other Backward Class (OBC) certificate. On 01.03.2000, the complainant (PW-4) went to the office of the SDM, Seelampur and met the deceased appellant/accused Rajpal, who was dealing with OBC certificates in Room No. 7. The Appellant informed the complainant (PW-4) that his file was missing. Thereupon, the complainant (PW-4) told the appellant that he urgently required his OBC certificate for the purpose of Civil Services Examination. The Appellant took the complainant (PW-4) to Room No. 4, where no one was present, and demanded bribe of Rs. 200/- from the complainant (PW-4) and asked him to come with the bribe amount on 02.03.2000 at 1:30 PM and collect his OBC certificate. The complainant (PW-4) was against giving of bribe. Consequently, he went to AntiCorruption Branch (ACB) and got his complaint (PW-4/A) recorded in the presence of panch witness Harbir Singh (PW-6). The complainant (PW-4) took with him Rs.200/- i.e. 2 GC notes in the denomination of Rs.100/-. The raid officer (R.O.) Ms. Sudesh Kumari, ACP Vigilance (PW-7) recorded the serial numbers of those GC notes in the pre-raid proceedings (Ex. PW-4/B). Thereafter, the R.O. (PW-7) gave a demonstration by applying phenolphthalein powder on those GC notes and asking the panch witness (PW-6) to touch them with his right hand, and taking the hand wash, which turned pink. The solution so prepared was thrown away. The GC notes were handed over to the complainant (PW-4), who kept the same in the left pocket of his shirt. The raid officer (PW-7) instructed the panch witness (PW-6) to remain with the complainant (PW-4) and to hear the conversation between the complainant (PW-4) and the accused, and also watch the money transaction, and after being satisfied that the bribe has been demanded and given he was instructed to give a signal by hurling his right hand over his head. The complainant (PW-4) was further instructed to do the transaction in the presence of the shadow witness (PW-6). All the members of raiding party washed their hands.