STATE Vs. SHYAM SUNDER

JUDGEMENT

(1.) This appeal is filed by the State against the acquittal of the respondent-accused vide judgment dated 13-05-1983 passed by the Special Judge in C.C.No. 17/82 arising out of FIR No. 42/82 under Section 161 of Indian Penal Code and Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act,1947.

(2.) The brief facts of the case are that the complainant Ashok Kumar Jain (PW-8) was running a coal depot at 89, Bagichi Madho Dass, Delhi in the year 1981 and accused Shyam Sunder was the Muncipal Corporation's Inspector of that area. The said shop was on lease with the complainant which was granted by the Municipal Corporation of Delhi. On 10-9-81 at 4.00 p.m. the accused visited the depot of the complainant and informed him that the file relating to the extension of lease of his coal depot was with him and he demanded Rs. 3000/- from the complainant as bribe for extension of the lease of the depot. The complainant showed his inability to pay such a huge amount to the accused on the ground that he was not even earning that much amount but on being threatened by the accused with cancellation of his lease he (complainant) agreed to pay the demanded amount to the accused. The accused told him that he could pay Rs. 1000/- that day and rest of the amount could be paid after his work was done.

(3.) As per the further prosecution case, the accused came to the shop of the complainant and demanded money from him in the presence of the panch witness and, as per the plan, the complainant gave to the accused ten phenolphthalein treated notes of the denomination of Rs. 100/- each. The panch witness then gave the signal to the raid officer who immediately rushed to the spot and apprehended the accused and recovered the bribe money from underneath a pillow lying there where the accused had kept the money after accepting the same from the complainant. Thereafter some post-raid proceedings were conducted at the spot by the raid officer and a case under Section 161 I.P.C. and Sections 5(2) read with 5(1)(d) of Prevention of Corruption Act was got registered by him at the Anti-Corruption Branch. After the completion of the usual investigation charge-sheet was filed in the Court of Special Judge against the accused who was in due course charged and tried under Section 161 IPC and Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act, 1947 and finally was acquitted by the learned Special Judge vide impugned judgment dated 13.05.1983.