RAM CHANDER Vs. STATE

JUDGEMENT

(1.) Vide the present appeal, the appellant seeks setting aside of the judgment of conviction dtd. 1/4/2006 and the order on sentence dtd. 3/4/2006 rendered in the context of trial held in CC No. 61/1999 arising out of FIR No. 39/1998 registered under Ss. 7/13 of the Prevention of Corruption Act, 1988 ("PC Act") at the Anti-Corruption Branch. The Trial Court convicted the appellant for the offences under Sec. 7 and under Sec. 13(1)(d) punishable under Sec. 13(2) PC Act. He was subsequently directed to undergo RI for a period of 1 year and 6 months along with paying a fine of Rs.4,000.00, in default whereof he would undergo 2 months SI, for the offence under Sec. 7 PC Act; and to undergo RI for a period of 3 years along with paying a fine of Rs.6,000.00, in default whereof he would undergo 3 months SI, for the offence punishable under Sec. 13(2) PC Act. Both sentences were directed to run concurrently and the benefit under Sec. 428 Cr.P.C. was granted to the appellant.

(2.) The prosecution case emerging from the complaint dtd. 7/10/1998 filed by one Rakesh Kumar was captured by the Trial Court as under:- "I run a Medical Store in Narela. I have been married in village Shagatpur, Jaffar Pur Kalan, Delhi. My sister-in-law Smt. Babita w/o Shri Ranvir Singh had committed suicide on 31/7/98 by taking poisonous substance, on which a case was registered in PS Jaffar Pur FIR No. 92/98, u/s 304-B/498-A IPC and ASI Ram Chander is the Investigating Officer in this case. ASI Ram Chander had arrested my mother-in-law, father-in-law and brother-in-law Ranvir Singh in this case, who have not still been granted bail. ASI Ram Chander has threatened many times my younger brother-in-law Jai Bhagwan to arrest him in this case while his name is not mentioned in the FIR No.92/98. I and my friend Pankaj Malik have advised ASI Ram Chander, PS Jaffarpur Kalan, not to harass them unnecessarily but he did not give hear to our advise and now he is demanding Rs.10,000.00 for not arresting the my younger brother-in-law Jai Bhagwan. I have not told AS Ram Chander that reduce this amount but he replied that he will not accept less than Rs.10,000.00 for not arresting the my younger brother-in-law Jai Bhagwan in this case and he will also co-operate for getting the bail of my in-laws. ASI Ram Chander has called me at his house at Paprawat Road, Najafgarh, Delhi in the evening at 7 p.m. with amount of Rs.10,000.00, I am against giving of bribe but I was constrained to make commitment to ASI Ram Chander to give him bribe due to his undue harassment. I neither have any dealings with the said ASI Ram Chander nor I have any grudge against him. I have brought the bribe money of Rs.10,000.00 with me."

(3.) The appellant, employed at the time as an Assistant Sub-Inspector of Delhi Police, was accused of accepting illegal gratification to the tune of Rs.10,000.00 on 7/10/1998 from the complainant/Rakesh Kumar in exchange for not arresting the complainant's brother-in-law in case registered under FIR No.92/1998. Upon receipt of the complaint, pre-raid proceedings were drawn and the raid was conducted. After completion of post-raid proceedings and the investigation, the challan was filed in Court under Ss. 7/13 PC Act. Charges under Sec. 7 read with Sec. 13(1)(d) punishable under 13(2) PC Act were framed against the appellant, to which he pleaded not guilty and claimed trial.