DINESH CHAND GUPTA Vs. STATE

JUDGEMENT

(1.) These criminal appeals are directed against the impugned judgment dated 10th May, 2011 in CC No. 64/2011 arising out of FIR 61/2003 u/s 7/13 Prevention of Corruption Act, 1988 (hereinafter referred to as PC Act) and Section 120 B IPC registered at Police Station Anti Corruption Branch, Delhi passed by learned Special Judge -07, (Central), Delhi vide which Dinesh Chand Gupta(A -1) was convicted for offence u/s 7 and 13(2) r/w Section 13(1)(d) of PC Act and accused Sudhir Kumar(A -2) was convicted for offence u/s 7 of PC Act. Vide order dated 11th May, 2011, A -1 was sentenced to undergo rigorous imprisonment for a period of two years and a fine of Rs.10,000/ - for offence punishable u/s 7 of the PC Act and in default to undergo simple imprisonment for a period of three months. He was further sentenced to undergo rigorous imprisonment for a period of two years and a fine of Rs.10,000/ - for offence punishable u/s 13(2) r/w Section 13(1)(d) of PC Act, in default to undergo simple imprisonment for a period of three months. Both the sentences were ordered to run concurrently. A -2 was sentenced to undergo rigorous imprisonment for a period of two years and a fine of Rs.10,000/ - for offence punishable u/s 7 of PC Act in default to undergo simple imprisonment for a period of three months.

(2.) Aggrieved by the decision of learned Special Judge, separate appeals bearing No. 639/2011 and 656/2011 were preferred by the appellants. Since both the appeals arise out of a common judgment, hence they are taken up together.

(3.) The case of the prosecution as unfolded during the trial is that the complainant -Ajay Gupta was employed as an accountant earlier in Delhi Automobiles situated in Jhandewalan and was terminated from his service in the year 1985 for which he filed a case in the Labour Court which was decided in his favour and order for issuance of Recovery Certificate was passed by the Assistant Labour Officer on 23rd June, 2003. Since the said Certificate was not issued, complainant met A -2, the dealing Clerk in his office who demanded bribe of Rs.1000/ - for delivering the said Recovery Certificate. The first instalment of Rs.500/ - was to be paid on 9th December, 2003. However, he was against giving bribe so he approached the office of Anti Corruption Branch and gave a written complaint regarding the demand of bribe by A2 from him. The said written complaint was given to PW8 - Inspector B.S. Yadav in the presence of PW4 Sh. Ghanshyam.