LAWS(DLH)-2019-5-350

JAGAN NATH Vs. STATE C B I

Decided On May 23, 2019
JAGAN NATH Appellant
V/S
State C B I Respondents

JUDGEMENT

(1.) The appellant was an employee of Municipal Corporation of Delhi (MCD) posted as munshi of a cattle pound in Malviya Nagar during the relevant period. Jeet Ram (PW-1) was a local resident and would maintain cattle including a cow which had been impounded by the municipal officials. The cow had been taken and kept at the cattle pound where the appellant was the person incharge, he being assisted by a chowkidar Dharam Singh (DW-1). On 26.07.1991, PW-1 lodged a complaint (Ex.PW-1/A) with Anti Corruption Branch of Central Bureau of Investigation (CBI) that the appellant, when approached on 26.07.1991 for release of his cow, had demanded Rs. 250.00 as illegal gratification. First information report (FIR) was registered (vide Ex.PW-6/A) on the said complaint and a trap was laid in which two independent witnesses Narender Kumar Dudeja (PW-3) and Naresh Kumar Khanna (PW-4) were joined. It has been the case of CBI that on 26.07.1991, during the trap, the appellant reiterated the demand of bribe and accepted, from PW-1 (the complainant), bribe money in the form of two currency notes of Rs. 100.00 each (Ex. P-1 & P-2) and one currency note of Rs. 50.00 denomination (Ex.P-3), the said amount of money having been later recovered from the inner pocket (ticket pocket, as described by some of the witnesses) of his trousers. The currency notes in question had been treated with phenolphthalein powder in the pre-trap preparatory proceedings. It is the case of the prosecution that washes of the hands of the appellant, along with that of inner pocket of his trousers (Ex.P-4), were taken and upon analysis in Central Forensic Science Laboratory (CFSL) by Mr. N.K. Prasad (PW-7), the senior scientific officer, the same had given positive test for presence of phenolphthalein powder this corroborating its case of acceptance of money.

(2.) The appellant was brought to trial (in criminal case no. 284/1994) in the court of Special Judge on the basis of accusations to the above effect, founded on the evidence that had been gathered during the course of investigation into the above mentioned FIR. The appellant stood trial on charge for offences under Sections 7 and 13 of Prevention of Corruption Act, 1988 which were framed against him. The trial court, by its judgment dated 28.02.2002, held the appellant guilty as charged. By subsequent order passed on the same date, sentence of rigorous imprisonment for one year with fine of Rs. 250.00 on each count was awarded. Both substantive sentences were directed to run concurrently.

(3.) The appeal at hand was presented to assail the above-mentioned judgment and order on sentence. It was admitted and the appellant was released on bail, the sentence having been suspended by order dated 09.04.2002.