SUNIL KUMAR SHARMA Vs. STATE OF DELHI

JUDGEMENT

(1.) The appellant, before he was entrapped in a corruption case on 2.11.1994, was working as an Inspector in Delhi Police and was posted as Chowki in-charge at Police Post Sarita Vihar, New Delhi. Entrustment of and investigation of a dowry death case by him turned out to be his nemesis. He was accused of demanding and accepting illegal gratification of Rs.4,500/= from the relatives of the deceased as consideration to help them in early recovery of dowry articles from the house of deceased's in-laws. The appellant was charged and tried by the Special Judge, Delhi for offences under Section 7 and also under Section 13(i)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 and after trial was convicted and sentenced on the said charges vide impugned judgment passed by the Special Judge, Delhi on 10.4.2002. He was sentenced to rigorous imprisonment for five years with a fine of Rs.5,000/= for each of the offences for which he was convicted. Aggrieved by his conviction and sentence, the appellant has preferred this appeal.

(2.) The facts of the prosecution case briefly stated are as follows.

(3.) On 29.4.1994 Ms.Reema, daughter of PW-2 Surinder Singh, was married to Shri Mukesh, resident of Madan Pur Khadar, New Delhi and she died an unnatural death within 4-5 months of her marriage by strangulation in the night intervening 10/11-9-1994. Her father (PW-2) got a criminal case registered against the husband of his deceased daughter, her father-in-law and two sisters- in-law vide FIR no.294/94 under Sections 498-A/304-B/34 IPC at Police Station Badar Pur. The investigation of this case was entrusted to the appellant and during investigation the deceased's father (PW-2) contacted the appellant on several dates prior to 2.11.1994, the date on which raid was held by the Central Bureau of Investigation (in short 'CBI') for trapping the appellant in the corruption case on the complaint of PW-1 Surinder Kumar, co-brother of deceased's father (PW-2).