SHIV KUMAR Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) This application is for suspension of sentence of the accused, who has been convicted of the offence under Section 7 and Section 13(2) of Prevention of Corruption Act and sentenced to undergo 3" years imprisonment and fine. The accused was working as peon in the office of SDM and demanded bribe of Rs.1,000/- from the complainant for issuance of domicile certificate in order to enable him to obtain permit for three wheeler scooter. I have heard the counsel for the appellant, who has argued strenuously that the accused being a peon was not the authority to issue domicile certificate and the accused was innocent. He has been convicted only on the basis of conjectures. All these arguments of the appellant have been considered by the trial court and after considering the arguments and the offence, the trial court has convicted the appellant under above provisions of Prevention of Corruption Act.

(2.) While considering suspension of sentence, this Court has to consider the heinousness of the crime and all other circumstances. Corruption has become a cancer for the society. Supreme Court in State of M.P. And others v. Ram Singh 2000 SCC (Cri.) 886 observed as under:

(3.) I consider that corruption is a heinous crime and the accused who has hardly been in jail only for few months cannot be given the benefit of suspension of sentence. The application is dismissed.