ONKAR @ ONKAR VERMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant Dr. Onkar @ Onkar Verma, was put on trial for the offences under Section Sections 8 and 9 of the Prevention of Corruption Act, 1988 (for short 'the Act') and Sections 420, 384 of the Indian Penal Code (for short 'the Code') for accepting illegal gratification from the complainant on the assurance that he will get their relatives acquitted from the concerned judge. He was convicted and sentenced under Section Section 8 of the Act and Section 420 of the Code vide judgment of conviction and the sentence order dated 27.03.2001, passed by the Additional Sessions Judge (exercising the powers of Special Judge), Sirsa. Under Section Section 8 of the Act, the appellant was sentenced to undergo rigorous imprisonment for five years and to pay fine of Rs.10,000/- and under Section 420 of the Code, he was sentenced to undergo rigorous imprisonment for five years and to pay fine of Rs.10,000/-. In default of payment of fine, the accused shall further undergo rigorous imprisonment for one year. All the sentences were ordered to run concurrently. Hence this appeal by the appellant challenging the said judgment of conviction and the sentence order.

(2.) As per the case of the prosecution, Sahi Ram, Ram Singh and Gopal Ram appeared on 11.06.1999 before Mrs. Nirmal Yadav, the then learned Sessions Judge, Sirda and gave an application Ex PA containing allegations that a case under Section 376 IPC was registered against their brother and sons in which the appellant demanded Rs.2 lacs from the complainant on the assurance that he will get their relatives acquitted from the concerned Judge and in case they did not pay the amount, he will get them convicted. So the applicants paid Rs.2 lacs to the appellant-accused and the applicants were acquitted from the case but lateron they came to know that the accused had grabbed the entire amount of Rs.2 lacs. The applicants also expressed their desire to make their statements before the learned Sessions Judge.

(3.) On getting application, learned Sessions Judge directed the applicants Sahi Ram etc to come to the Court for making their statements on 14.06.1999. The applicants came to the Court and they were referred to JMIC, Sirsa, who recorded their statements, who also furnished their affidavits before the Magistrate, which were sent by the Magistrate to learned Sessions Judge, who further sent the complaint Ex PH along with application Ex PA. Thus, a case was registered against the appellant, which was investigated by DSP Pat Ram, who recorded disclosure statement of accused and the accused got effected the recover of currency notes of Rs.20,000/- and registered sale deed from the almirah of his house, which were taken in to possession under recovery memo Ex PS. The accused also got effected the recovery of gold necklace and gold Shingar Patti from her Ram gold Smith, which were also taken into possession under recovery memo Ex PR. The copy of statement of accounts of accused Ex P3 was also taken into possession by the DSP.