ASHOK KUMAR Vs. STATE THRU CBI

JUDGEMENT

(1.) The appellant was working as a lower division clerk (LDC) in the office of Sub Divisional Magistrate (SDM) of South District at Patiala House Courts Complex, New Delhi in October, 1995. On 19.10.1995, the Central Bureau of Investigation (CBI) registered first information report (FIR) vide Ex.PW-7/C at 10.00 a.m., on the basis of complaint (mark "B") of Rishi Pal (PW-2) about demand of illegal gratification in the sum of Rs. 500/- from him by a clerk named Ashok Kumar in the said office in the context of action to be taken on the application (Ex.PW-7/A, also Ex.PW-2/A) of his sister Neera (PW-8), for issuance of a scheduled caste certificate. In the follow-up action on the said FIR, the appellant herein was arrested, after personal search (vide Ex.PW-3/B) in the office of the SDM on 19.10.1995, the allegations against him being that he had received from the said complainant (PW-2) an amount of Rs. 200/- in the form of four currency notes of the denomination of Rs. 50/- each, he having reiterated the demand for illegal gratification, this having been witnessed by Ashok Chaudhary (PW-4), a superintendent in the vigilance department of New Delhi Municipal Council (NDMC), who had been joined, alongside Laxman Dass (PW-3), another similarly placed government official, as independent witnesses in the trap that had been laid, the pre-trap proceedings having been recorded vide handing over memo (Ex.PW-3/A) leading to the post-trap proceedings (Ex.PW-3/C).

(2.) The appellant was brought before the Special Judge (Prevention of Corruption Act) and put on trial on the basis of evidence which was submitted with the report under Section 173 of the Code of Criminal Procedure, 1973 (Cr.P.C.), the charge having been framed on 27.05.1997 for offences under Section 7 and Section 13 (2) read with Section 13 (1) (d) of Prevention of Corruption Act, 1988 (PC Act).

(3.) The trial court, by its judgment dated 22.09.2000, found the appellant guilty, as charged, and convicted him accordingly. By order dated 23.09.2000, the trial court awarded rigorous imprisonment for two years with fine of Rs. 5,000/- for offence under Section 7 of PC Act and rigorous imprisonment for three years with fine of Rs. 5,000/- for offence under Section 13 (2) read with Section 13 (1) (d) of PC Act.