KISHORI LAL Vs. STATE

JUDGEMENT

(1.) The appellant was convicted under Section 5(2) read with Section 5(l)(d), of the Prevention of Corruption Act, 1947 and was sentenced for one year R.I. and was also directed to pay a fine of Rs. 100.00 and in default of payment of fine to undergo R.I. for three months. The appellant was also convicted under Section 161, Indian Penal Code and was sentenced to undergo R.I. for one year. Both the sentences of imprisonment were to run concurrently.

(2.) Brief facts necessary to dispose of the appeal are recapitulated as under.

(3.) The appellant was a Sanitary Guide, in the Municipal Corporation of Delhi. One Rattan Lal, a Safai Karamchari was posted in Vivek Vihar. The accused was a Supervisor and used to mark the attendance of Rattan Lal. Ratan Lal made a complaint against the accused that he demanded Rs. 40.00 per month and threatened him that if he did not pay this amount regularly, the appellant would mark him absent even if he were present on duty.