S H KAZMI Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 15.12.1992 and order dated 23.12.1992 passed by Special Judge, Ambala Cantt., vide which he convicted the appellant under Section 161 of the Indian Penal Code and Section 5(2) of the Prevention of Corruption Act, 1988 (sic 1947). The appellant was sentenced to undergo rigorous imprisonment for a period of two years under Section 161 of the Indian Penal Code. The appellant was further sentenced undergo rigorous imprisonment for a period of five years under Section 5(2) of the Prevention of Corruption Act and he was ordered to pay a fine of Rs. 10,000; in default thereof, he was further directed to undergo rigorous imprisonment for a period of two months. All the sentences were ordered to run concurrently.

(2.) A synoptical resume of the prosecution case is as under:

(3.) Original allottee, Talia Ram had taken the wakf property on a monthly lease of Rs.8/-. After some time, he had left the said wakf property. The arrears due towards Talia Ram was Rs. 600. One Chander Bhan had entered into possession of the said wakf property with effect from 1.8.1984. The said Chander Bhan had also filed an application before the Auqaf Officer of the said Wakf Board for taking the said wakf property on a monthly lease of Rs. 30. He had also agreed to pay the arrears of lease pending towards Talia Ram. The said application was forwarded to the Secretary of the Punjab Wakf Board. He had also obtained the said application dasti with a view to secure allotment expeditiously and remained in touch with the appellant. The appellant told the complainant that this would be done if he made the payment of Rs. 1,000. Although the complainant was not interested in parting with the said amount, but still he had given the assurance that he would make the said payment. Thereafter, he contacted with Jasbir Singh, DSP, CBI and narrated the whole episode.