DINESH DUTT Vs. STATE OF DELHI

JUDGEMENT

(1.) This appeal under Sec. 374 of the Code of Criminal Procedure, 1973 (the Cr.P.C.) has been filed by the sole accused in C.C. No. 85/1998 on the file of the Court of Special Judge, Delhi challenging the conviction entered and sentence passed against him for the offences punishable under Ss. 7 and 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988 (the PC act).

(2.) The prosecution case is that on 28/10/1997 at 02.15 p.m., the accused, while serving as Company Commander, Delhi Home Guard, in discharge of his official duties, demanded and accepted an amount of 100/- from PW3 as illegal gratification for assigning him traffic duty in Patel Nagar Zone.

(3.) On 28/10/1997, PW3 lodged a complaint, that is, Ext. PW3/A, with the Anti-Corruption Branch, New Delhi, based on which, Crime No. 44/1997, Ext. PW11/B FIR was registered by PW11, the Assistant Sub-Inspector (ASI) alleging commission of the offences punishable under Sec. 7 and 13 of the PC Act.