SHASHI KANT GAUR Vs. THE STATE

JUDGEMENT

(1.) Challenge in this appeal is a judgment dated 20.05.2014 of learned Special Judge in Complaint Case No.44/12 arising out of FIR No.61/2010 registered at Police Station Crime Branch whereby the appellant was held guilty for committing offence punishable under Section 7 of Prevention of Corruption Act (in short 'PC Act').By an order dated 21.05.2014, he was sentenced to undergo Rigorous Imprisonment for two years with fine Rs.20,000/-.

(2.) Briefly stated, the prosecution case as set up in the charge-sheet was that during the period from December, 2003 to 2004, the appellant while working as Sub-Inspector at Special Staff Maurice Nagar, North District (Operation Cell), Delhi, demanded bribe of Rs.2,00,000/- from the complainant-Anil Kumar Jaiswal. Subsequently, he again demanded and accepted bribe amount of Rs.50,000/- in January, 2004. The complainant paid a total bribe amount of Rs.70,000/- at various stages from February to June, 2004 to the appellant.

(3.) On 1.5.2010, the complainant-Anil Kumar Jaiswal recorded statement (Ex.PW-15/A). V.K.Dham ACP, Anti-Homicide Branch of Crime Branch, lodged First Information Report. During investigation, statements of witnesses conversant with the facts were recorded. Search warrants were obtained and certain documents were recovered. Upon completion of investigation, a charge-sheet was filed against the appellant for commission of various offences. The appellant was, however, charged for committing offence under Section 7/13 PC Act and Section 384 IPC vide order dated 10.04.2013. In order to establish its case, the prosecution examined twenty three witnesses. In 313 statement, the appellant denied his involvement in the crime and pleaded false implication. He examined DW-1 (SI Umesh) and DW-2 (Chaudhary Ajay Raj) in defence. The trial resulted in his conviction under Section 7 of the PC Act, as aforesaid. Being aggrieved and dissatisfied, the appellant has preferred the instant appeal. It is relevant to note that the appellant was acquitted of the charges under Section 13(1) (d) PC Act and Section 384 IPC and the State did not challenge his acquittal under those offences.