LAWS(DLH)-2015-5-326

ANIL KUMAR TITO Vs. STATE NCT OF DELHI

Decided On May 29, 2015
Anil Kumar Tito Appellant
V/S
STATE NCT OF DELHI Respondents

JUDGEMENT

(1.) This appeal is directed against a judgment dated 15th December, 2012 passed by learned Special Judge (ACB) in CC No.45/2011 arising out of FIR No.28/2008 u/s 7/13 of Prevention of Corruption Act, 1988, Police Station, Anti Corruption Branch, Delhi holding the appellant guilty of offence punishable u/s 7 of Prevention of Corruption Act, 1988 and order on sentence dated 17th December, 2012 sentencing the appellant to undergo rigorous imprisonment for a period of 21/2 years and a fine of Rs.10,000/- in default of payment of fine to undergo simple imprisonment for a period of three months.

(2.) The case of prosecution in brief is that on 28th March, 2008, the complainant Gurbax Singh S/o Niranjan Singh went to Anti Corruption Branch, Delhi and gave his complaint Ex.PW3/A regarding demand of bribe of Rs.13000/- by accused Anil Kumar Tito who was working as JE (Civil), Civil Division-I, Irrigation & Flood Control Department, Basai Darapur, Delhi in consideration of not removing his rickshaw stand/shop near nala of Raghubir Nagar and for not seizing the rickshaws of the complainant. The gist of the complaint is that the complainant had been running his cycle rickshaw stand/repair shop at 121/2 gaj near Ganda Nala, Raghubir Nagar and also used to give cycle rickshaw on hire on daily basis to several persons for which the accused, working as JE in Irrigation and Flood Control Department, has been demanding bribe of Rs.13000/- for not removing said cycle rickshaw stand/repair shop and threatened that in case said amount is not paid by evening of 28th March, 2008, he would stop his work and would seize his cycle rickshaws. Since the complainant was against giving bribe, he went to Anti Corruption Branch and gave this complaint to Inspector Nand Kumar, Raid Officer-PW19 in the presence of Panch witness-Pradeep Kumar.

(3.) It is further the case of prosecution that the complainant produced four GC notes of Rs.500/- each before the Raid Officer who noted down the serial number of the said GC notes in the pre-raid proceedings Ex.PW3/B and treated the said GC notes with phenolphthalein powder. Thereafter raid officer-PW19 gave demonstration to the Panch witness, complainant by getting touched the right hand of the Panch witness with the currency notes and wash of the right hand of the Panch witness in the colourless solution of sodium carbonate which turned into pink. Thereafter, the said GC notes were handed over to the complainant and Panch witness was instructed to remain close with the complainant and to overhear the conversation between the complainant and the person demanding the bribe amount. Thereafter PW19 along with the complainant, Panch witness and other members of the raiding party left Anti Corruption Branch in a government vehicle and reached at the spot at Raghubir Nagar near ganda nala and raid was conducted but during raid, the accused did not demand money nor accepted money, rather directed him to vacate the Govt. land. Thereafter raiding party left the spot and the matter was discussed with senior officers who directed for winding up the raid proceedings.