PYARE LAL Vs. STATE OF DELHI

JUDGEMENT

(1.) THIS appeal takes exception to the judgment dated 11. 03. 1999 and order dated 12. 03. 1999 passed by the learned Special Judge, Delhi in Sessions Case No. CC-169/1994 whereby he was convicted under Sections 7 and 13 (1) (d) of the prevention of Corruption Act, 1988 (hereinafter referred to as "the Act" ) and was sentenced to suffer rigorous imprisonment for one year and also to pay a fine of Rs. 5000/- with a default stipulation for his conviction under Section 7 and under Section 13 (1) (d) was awarded rigorous imprisonment for a period of two years and also to pay a fine of Rs. 8000/- with a default stipulation.

(2.) THE relevant facts leading to the prosecution of the appellant, who while posted as an Assistant Sub-Inspector of Police (ASI) at Preet Vihar police station was apprehended by the Anti-Corruption Branch officials accepting bribe from the complainant (PW-2), have been noticed by the learned trial court in para nos. 2 and 3 of its judgment and the same are being re-produced hereunder:-

(3.) AFTER the completion of usual investigation formalities the Anti-Corruption Branch filed a charge-sheet against the appellant-accused in the court of Special Judge constituted under the Act to try corruption cases and the learned Special Judge tried him for the offences punishable under Sections 7 and 13 (1) (d) of the Act. Prosecution had examined eight witnesses to prove its case. In his statement under Section 313 Cr. P. C. the appellant-accused had pleaded as under: