SUKHBIR SINGH BEDI Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 23rd December 1983 passed by the learned Special Judge, Delhi in C.C. No.50/81convicting the appellant under Section 5 (2) read with Section 5 (i)(c) of the Prevention of Corruption Act, 1947 ( PC Act ) and Section 161 of the Indian Penal Code ( IPC ) and sentencing him to undergo two years rigorous imprisonment ( RI ) for the offences under Section 5 (2) read with Section 5 (1)(d) PC Act and a fine of Rs.500/- and in default of payment of fine to further undergo RI for further six months. The appellant was sentenced to undergo one year RI for the offence under Section 161 IPC.

(2.) The case of the prosecution is that the complainant Sikander Lal Kumar, a resident of 7/20, Punjabi Bagh, New Delhi was one of the owners and proprietors of Chinar restaurant which had an outlet each in Connaught Place and Moti Nagar. At around 8.30 pm on 23rd June 1980 the accused appellant Sardar Saheb @ Bedi, Assistant Engineer (Enforcement) of Delhi Electricity Supply Undertaking ( DESU ) along with another person approached him at his restaurant in Moti Nagar. The accused questioned Sikander Lal about using an air conditioner despite there being a ban on its use. The accused reminded him that this had happened despite his visiting the restaurant 15 days earlier and cautioning the Manager, Bhushan. Sikander Lal informed the accused that he was aware of the ban but that a senior officer of DESU had said that that in a restaurant without windows it was permissible to use an air conditioner. When shown the notification to that effect, the accused observed that there was nothing new about the notification; that he was any way going to pass an order disconnecting the electricity and that the complainant was free to seek clarification from any Court or officer in this regard. Faced with the predicament of the resultant substantial loss of business, the complainant asked the accused to suggest a via media as to how he could continue to use the air conditioner in the restaurant.

(3.) The complainant then approached the Anti Corruption Branch on 26th June 1980 at about 11.45 am. His statement was recorded by Inspector Balraj Nanda PW-12 who made arrangement for the panch witnesses Shri H.C. Sharma, PW-7 and Shri C.D. Sapra, PW-8. The complainant supplied three currency notes of Rs.100/- each to PW-12 Shri Balraj Nanda. The said currency notes were treated with phenolphthalein powder. The complainant kept the treated currency notes in the front pocket of his bush-shirt. PW-12 and PW-8 washed their hands. The complainant was asked to pass on the said currency notes to the accused after talking a bit loudly and to indicate that it was the balance payment of the bribe. The panch witnesses were asked to remain near the complainant to hear the talk and observe the passing on of the money to the accused. They were advised to give a sign by rubbing their heads with their hand as soon as they were satisfied that the bribe transaction was concluded. This all was incorporated in the document Ex.PWB.