KEDAR SINGH Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) Challenge in this appeal is to the judgment dated 24th December, 2010 and order on sentence dated 15th January, 2011 whereby the appellant, who was posted as Sub-Inspector at PS Bawana, has been convicted for committing offence punishable under Section 7 and 13(1)(d) of the PC Act and sentenced to undergo RI for one year with fine of Rs. 10,000/- and in default of payment of fine, to under SI for a period of one month.

(2.) Briefly stating the prosecution case is that on 5th February, 2004 the complainant Ranbir Singh contacted Anti Corruption Branch and informed about the ongoing dispute between him and his neighbour Nafe Singh and his family over a piece of land. A quarrel started between them when the complainant tried to raise the construction on that disputed land but was stopped by Nafe Singh and his family and the PCR call was also made by Nafe Singh and his family which ultimately culminated into registration of FIR No. 411/2003 under Sections 341/323/34 IPC against Ranbir Singh and his family.

(3.) The grievance of the complainant before Anti Corruption Branch was that for making a kalandra against the parties, the appellant SI Kedar Singh, who was Investigating Officer of case FIR No. 411/2003, was demanding bribe of Rs. 5000/- for payment of which the complainant was asked to visit SI Kedar Singh on 5th February, 2004 at 6.00 pm. As he did not want to give the bribe though he had told SI Kedar Singh that he would give Rs. 1000/-. He sought legal action against SI Kedar Singh for demanding the bribe.