RESHAM LAL Vs. STATE

JUDGEMENT

(1.) The appellant preferred an appeal under Section 374 of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C.) against an order of conviction and sentence dated 29th November, 1977 passed by the Special Judge, Delhi, in Corruption Case No. 22/1977.

(2.) The appellant was convicted of an offence under Section 161 of the Indian Penal Code and under Section 5(2) read with Section 5(l)(d) of the Prevention of Corruption Act, 1947. He was sentenced to rigorous imprisonment of one year under Section 5(2) read with Section 5(l)(d) of the Prevention of Corruption Act, 1947 (hereinafter referred to as the Act) and a fine of Rs. 100.00 and in default of payment of the fine, further rigorous imprisonment of three months. For the offence under Section 161 of the IPC, he was sentenced to rigorous imprisonment for one year. Both the sentences were to run concurrently.

(3.) The allegations against the appellant were that on the night of Diwali in 1976, the complainant Sundri Devi was attacked at her tea shop by some persons at about 11.00 p.m. and she sustained some injuries. The next day, she and her husband made a report in the Police Post at Rani Bagh also known as Police Post Shakur Basti. She was also admitted to Hospital and remained there for three days. According to the complainant, she went to the Police Post on 2/3 occasions to find out the progress made on her complaint, and she was told that no progress had been made since her medical report had not been received from the Hospital and until that report is received, no action can be taken. On 13th November, 1976 when she again went to make enquiries, she was given the same reason for no progress having been made. She pleaded with the Munshi in the Police Post for taking speedy action in obtaining the medical report, on which the Munshi informed her that she would have to pay Rs. 5.00 for a special constable to be deputed for the purpose and another Rs. 10.00 as bribe to him, that is, the Munshi.