KISHORI LAL Vs. STATE

JUDGEMENT

(1.) The present is an appeal under Sec. 27 of Prevention of Corruption Act, 1988 (hereinafter referred to as the 'PC Act') read with Sec. 374(2) of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.'), preferred against the judgment and order on sentence dated 09.05.2008 and 12.05.2008 respectively, passed by the Special Judge, Delhi in C.C. No. 43/05, whereby the appellant has been convicted for the offences punishable under Ss. 7 and 13(1) (d) of PC Act and sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 2000/ - (Rupees Two Thousand) under Sec. 7 of the PC Act, with the stipulation that in default of payment of fine, the appellant shall further undergo simple imprisonment for a period of one month. Further, the appellant has been sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 2000/ - (Rupees Two Thousand) under Sec. 13(2) of PC Act, with the stipulation that in default of payment of fine, the appellant shall further undergo simple imprisonment for a period of one month. Both sentences were directed to run concurrently.

(2.) The substratum of the charge as against Kishori Lal, the appellant herein, who was an employee of the Consumer Court, Janakpuri, New Delhi, is, of having demanded and accepted illegal gratification from Rajender Arya (PW -6), the complainant herein. The case of the prosecution can be briefly encapsulated as under:

(3.) As afore -stated, the Special Judge convicted the appellant under Sec. 7 and 13 (1) (d) of the PC Act punishable under Sec. 13(2) of the PC Act vide judgment dated 09.05.2008. The incriminating circumstances relied upon by the Special Judge to convict the appellant are as follows: