OM PRAKASH Vs. STATE

JUDGEMENT

(1.) By the present appeal the appellant Om Prakash lays challenge to the judgment dated 21st December, 1999 convicting him for the offence punishable under section 7 and 13(1)(d) of Prevention of Corruption Act, 1988 and order on sentence dated 23rd December, 1999 whereby he has been sentenced in the following manner:-

(2.) In brief the prosecution case is that on 10th September, 1990 the complainant Babu Lal (PW-3) visited Anti Corruption Branch, Delhi and complained about the demand of Rs. 500 as illegal gratification from him by Om Prakash (appellant herein) or the jhuggi of the complainant would be demolished. The complainant tried to convince the accused that his jhuggi was constructed on a land measuring 50 yds. allotted to him by the Village Panchayat, Haiderpur but he insisted that if the complainant wanted to save his jhuggi he had to pay Rs. 500 to him. The complainant agreed to pay the bribe. The accused Om Prakash who was employed as Peon in Land Protection Branch in DDA informed that he would visit the complainant on 10th September, 1990 at about 1200 noon to receive the bribe money.

(3.) On the basis of the complaint Ex.PW-3/A made by the complainant, PW-3 Babu Lal, pre-trap proceedings were conducted after the public witnesses were arranged. Thereafter the raiding officer along with the complainant and panch witnesses left for the spot. The complainant was instructed to enter into conversation with the accused in such a manner that the panch witness could hear and also see the acceptance of bribe so as to give signal thereafter. At about 12:30 PM the accused Om Prakash visited the complainant and near the jhuggi of Babbu they started talking after shaking hand. While smoking bidi, Om Prakash demanded the money and the complainant took out Rs. 500/- which had already been treated with phenolphthalein powder and gave it to appellant Om Prakash which he accepted in his left hand. The complainant again requested him not to demolish his jhuggi as he was a poor man and had also done 'sewa' as asked by him. On receiving the signal the Raiding Officer reached there and after disclosing his identity asked the appellant whether he had received Rs. 500/- as bribe but Om Prakash kept mum. He was found holding Rs. 500/- in his left hand which was accepted by him as bribe. Thereafter the currency notes were recovered from the left hand of Om Prakash and numbers of the same tallied with the numbers noted in the pre-trap proceedings. Hand wash of the accused was taken and colour of the solution turned pink which was transferred into two bottles marked as LH-I and LH-II. The currency notes as well as the bottles containing hand wash solution were seized. Thereafter raid report was prepared and FIR was got registered. During investigation, samples of hand wash were sent to CFSL and sanction for prosecution of the accused was and obtained. After completion of investigation, charge-sheet was filed against the appellant for committing the offence punishable under Section 7 and 13 of Prevention of Corruption Act.