RATAN KUMAR GUPTA Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) This criminal appeal challenges the judgment dated 18.03.2006 of the Court of Special Judge in complaint case No.59/1999 holding the appellant guilty and convicting him for offences punishable under Sections 7 and 13 (1) (d) read with section 13 (2) of the Prevention of Corruption Act, 1988 as also the order of sentence passed on 20.03.2006 whereby punishment in the form of rigorous imprisonment for six months with fine of Rs. 1500/- had been awarded for offence under section 7 of Prevention of Corruption Act, 1988, besides rigorous imprisonment for two years with fine of Rs. 5,500/- for offence under section 13(2) of the Prevention of Corruption Act, 1988, both substantive sentences having been directed to run concurrently with benefit of set off for the period of detention already undergone.

(2.) The appellant was working as Assistant Engineer in erstwhile Delhi Electric Supply Undertaking (DESU), posted in its office at Gandhi Nagar, Delhi, in September, 1989. He was arrested on 19.09.1989 by Inspector R.P.S. Rana (PW-9) of Anti Corruption Branch of Delhi Police sometime around 3:30 p.m. alongside registration of the First Information Report (FIR) No.37/1989 of Anti Corruption Branch (ACB) for offences punishable under section 7 and 13 of the Prevention of Corruption Act, 1988, on the allegations that while being so employed in DESU and as such a public servant, he had demanded and obtained illegal gratification of Rs. 1500/- from the complainant Rattan Singh (PW-7) as a motive or reward for not disconnecting the electric connection at premises no.6822, Shyam Gali, Gandhi Nagar, Delhi where the said complainant (PW-7) was engaged in the business of embroidery and thereby having obtained pecuniary advantage by corrupt or illegal means by abusing his position as such public servant.

(3.) On conclusion of investigation, report under section 173 of the Code of Criminal Procedure, 1973 (Cr.P.C.) dated 17.05.1999 was submitted by Inspector Ramesh Kaushik (PW-8) in the court of Special Judge on 01.06.1999 on which cognizance was taken and the appellant stood summoned. He was eventually put on trial on charge being framed on 13.01.2004 for offences punishable under Sections 7 and 13 (1) (d) read with section 13 (2) of the Prevention of Corruption Act, 1988.