R P PURI Vs. STATE

JUDGEMENT

(1.) The Appellant has preferred an Appeal under Section 374 of the Code of Criminal Procedure, 1973 directed against the order of conviction dated 30th November, 1977 passed by the learned Special Judge. Delhi in C.C. No. 18 of 1976. An appeal has also been preferred against the sentence awarded to the Appellant on 9th December, 1977.

(2.) The Appellant was convicted of an offence under Section 161 of the Indian Penal Code and Section 5(2) read with Section 5(1 )(d) of the Prevention of Corruption Act, 1947 for having demanded a sum of Rs. 100.00 as gratification other than legal remuneration for getting a power connection sanctioned in favour of the Complainant and the acceptance of a sum of Rs. 30.00 in this regard. The Appellant was a public servant at the time he made the demand and when he accepted the gratification. By corrupt or illegal means or otherwise, the Appellant abused his position as a public servant.

(3.) The Appellant was sentenced to undergo rigorous imprisonment for one year for the offence under Section 161 Indian Penal Code and rigorous imprisonment for one year and fine in the sum of Rs. 200.00 and in default of payment of fine, further rigorous imprisonment for one month under Section 5(2) read with Section 5(1 )(d) of the Prevention of Corruption Act, 1947. The learned Special Judge directed that both the substantive sentences shall run concurrently.