RAM KISHORE Vs. STATE

JUDGEMENT

(1.) Ram Kishore. appellant, is not satisfied with the finding of fact given by Shri V.S. Aggarwal, Special Judge, Delhi, vide his order dated 18th October, 1979, whereby he was held guilty of an offence u/s 161 as well as u/s 5(2) read with Section 5(l)(d) of the Prevention of Corruption Act, and sentenced him to undergo R.I. for a period of 2 years and a fine of Rs. 100.00 on both the counts. In default of payment of either fine, to further undergo imprisonment for two months.

(2.) In order to appreciate the contention of the appellant, it is relevant to keep in mind the salient features of the prosecution case, Babu is employed as a sweeper for sweeping the roads in the Municipal Corporation of Delhi. The accused appellant was an Assistant Sanitary Inspector of the same area where Babu used to work. On a sunny day, the accused met Babu and told him that be would be transferred to some lorry. Babu, Public Witness requested for his continued posting at the same place. On this the accused insisted that in case Babu wanted to remain on the same posting, he would have to pay a sum of Rs. 100.00 . Thereafter, Babu Js alleged to have applied for 15 days' leave which was accepted for 10 days. Babu, Public Witness was to join his duties en 1st of August, 1978. Accused is alleged to have met him on 31st July, 1978 and repeated his demand of Rs. IUO.00 . Babu promised to pay Rs. 80.00 to start with by 2 P.M. in his office and the remaining amount of Rs. 20.00 on some later date.

(3.) Immediately thereafter, Babu approached the Anti-corruption Branch and met Inspector Nanda. His statement was recorded, two Panch witnesses were requisitioned, the currency notes of the denomination of Rs. 50.00 , Rs. 20.00 and Rs. 10.00 were requisitioned and phenol pathelin powder was applied, and after completing the other formalities, the raiding party was organised and deputed for the job. Unfortunately, on that day, the accused could not be found as it transpired that he had already gone.