DES RAJ SHARMA Vs. THE STATE
HIGH COURT OF PUNJAB AND HARYANA
DES RAJ SHARMA
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Harnam Singh, J. -
(1.) IN Criminal Case No. 81/2 of 1919 Dewan S.L. Ahuja, Magistrate, Delhi, convicted Des Raj Sharma, Inspector of Police, Enforcement Branch, Delhi, under Section 161, Penal Code and Section 5(2) read with Section 5(1)(d), Prevention of Corruption Act, 1947; and sentenced him to one year's rigorous imprisonment on each count, the sentences to run concurrently. In that case Dharam Vir was convicted under Section 161 read with Section 109, Penal Code, and sentenced to one year's rigorous imprisonment.
(2.) IN appeal the learned Sessions Judge, Delhi, has maintained the conviction of Des Raj under Section 161, Penal Code, and Section 5(2) read with Section 5(1)(d), Prevention of Corruption Act, 1947, hut finding that there was not a syllable of evidence on the record to show that Dharam Vir abetted Des Raj in accepting the bribe has acquitted Dharam Vir. Considering, however, the circumstances of the case the Court of appeal has reduced the sentence imposed upon Des Raj to three months rigorous imprisonment on each count, the sentences to run concurrently. Des Raj applies under Section 135, Code of Criminal Procedure, for the revision of the order passed in Cri. App. No. 1416 of 1949.
(3.) BRIEFLY summarised, the prosecution case is that on or about 14 -7 -1918, Des Raj accused met Jumna Das P.W. 2 in the District Courts, Delhi, and told him that Pandit Jagan Nath, Superintendent of Police, Delhi City, had delegated powers to him to detain Jumna Das under Section 3, Punjab Public Safety Act, for a period of three months. The case then states that Des Raj told Jumna Das to help him in getting Rs. 2000 from S.L. Patodia adding that if the sum of Rs. 2000 was not paid to him by S.L. Patodia he would proceed against Jumna Das. Jumna Das, thereupon, made enquiries from his sister's son Madan Gopal, a clerk in the office of the Superintendent of Police, who told him that no warrants had been issued against S.L. Patodia or against Jumna Das.;
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