KRISHAN KUMAR RATHI Vs. STATE

JUDGEMENT

(1.) The appellant was employed at the relevant point of time (October, 1996) as personal assistant (PA) to the General Manager (GM) of Haryana Roadways in its office at Delhi. On 11.10.1996, he was apprehended in the course of a trap that had been laid by Inspector S.K. Banta (PW-10) of Anti Corruption Bureau (ACB) of Govt. of NCT of Delhi, in the wake of complaint (Ex.PW-6.A) that had been lodged with him by Dharam Chand (PW-6) about demand for illegal gratification. It is alleged that the appellant had received a total amount of Rs.3,000/- in the form of twenty-five currency notes (Ex.P-1 to P-25) each of denomination of Rs.100/- along with one currency note (Ex.P-26) of the denomination of Rs.500/-, on the pretext of receiving compounding fee against a challan (Ex.PW-2/B) in respect of jeep bearing registration No.DL-4CE-0737 which had statedly been found being used for carrying passengers unauthorizedly in the area of Bahadurgarh, Rohtak in the State of Haryana, the appellant having acknowledged receipt (Ex.P-34) of Rs.2,500/- only.

(2.) The police proceedings (Ex.PW-8/B) relating to the trap on which endorsement (Ex.PW-10/A) was made by PW-10 resulted in registration of FIR No.46/1996 of Police Station ACB. The matter was subjected to investigation through Inspector S.K. Banta (PW-10). The report under Section 173 of the Code of Criminal Procedure, 1973 (Cr.P.C.) which was submitted in the court of Special Judge (Prevention of Corruption Act) on 31.01.2000 led to prosecution (vide CC No.5/2000) in which the appellant stood trial on the charge framed on 25.07.2001 on the accusations for offences punishable under Section 7 and 13 (1)(d) read with Section 13 (2) of the Prevention of Corruption Act, 1988.

(3.) On conclusion of the trial, by judgment dated 10.09.2005, the appellant was held guilty as charged. By order dated 21.11.2005, the Special Judge awarded sentence of rigorous imprisonment for six months and rigorous imprisonment for one year with fine of Rs.500/- and Rs.1,000/- respectively on the two counts, directing both the substantive sentences to run concurrently and the appellant to be entitled to benefit of set off under Section 428 Cr.P.C.