ANAND SARUP Vs. STATE

JUDGEMENT

(1.) The present appeal by Anand Sarup is directed against the judgment and order dt/-30-11-1977 of the learned Special Judge, Delhi holding him guilty under S.161,I.P.C. and S.5(2) read with S.5(1)(d) of the Prevention of Corruption Act. He was sentenced to undergo R.I. for one year on each count and a fine of Rs, 100/- only; in default of payment of fine to further undergo R.I. for two months. Both the sentences of imprisonment were directed to run concurrently.

(2.) In order to appreciate the challenge of his conviction it is relevant to keep in mind few salient features of the prosecution case.

(3.) Hari Babu Vashisht is a tenant. His landlord had filed an eviction case against him. The case was decided in his favour. The landlord had preferred an appeal which was pending in the court of Shri M.K. Chawla, the then Additional District Judge. The next date of hearing was 5th Aug. 1976. Hari Babu Vashisht asked his son Shekhar Vashisht to apply for a certified copy of the order of the lower court dt/-31st Jan. 1976. This was required to be filed in the appellate court. The copying Agency gave the date as 19-6-76. On that date, the copy was however not ready. On 3-8-76, Hari Babu Vashisht himself went to the Copying Agency (Civil). He enquired from the accused, who was posted as L.D.C. about the fate of his application. The accused informed him that his application was not available and that he should apply afresh. Hari Babu Vashisht was not satisfied with the reply. He approached Shri Shanti Narain Gupta, Incharge Copying Section. On Shri Gupta's request Hari Babu moved a fresh application for the copy on the same day and gave the same to another Clerk for registration. That clerk had given the date for collecting the copy as 10th Aug. 1976. As the copy was required to be produced on 5th Aug. 1976, Hari Babu Vashisht again approached the Incharge Copying section. Shri Gupta made an order that the copy be prepared and given to him on the next day. Hari Babu Vashisht also approached the accused for urgent need of the certified copy mentioned in the said application. The accused assured him that in case he pays Rs. 10/- as bribe, the work will be done. Hari Babu Vashisht agreed to pay the said amount on the next day.