JUDGEMENT
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(1.)This appeal is filed by the appellant against the judgment dated 07.01.2011 and order on sentence dated 08.03.2011 passed in Criminal Appeal No.337 of 1999 by the High Court of Delhi, whereby the High Court reversed the order of acquittal dated 11.03.1999 recorded by the Trial Court in C.C No. 19 of 1993 and convicted the appellant for the offence punishable under Section 7 of the Prevention of Corruption Act, 1988 (hereinafter referred to as 'the Act') with rigorous imprisonment for one year and a fine of Rs.50,000/-, in default of payment of fine, to further undergo three months simple imprisonment. The appellant has prayed for allowing the appeal by setting aside the impugned judgment of the High Court and to acquit him from the charge urging various facts and grounds in support of the questions of law framed in this appeal.
(2.)For the purpose of considering the rival legal contentions urged by the learned counsel for the parties and with a view to find out whether this Court is required to interfere with the impugned judgment and order of conviction and sentence of the High Court, the necessary facts are briefly stated hereunder:
The complainant, Ramesh Suri (PW-2), was running a business of import and export of buttons, zips, etc. in the name and style of M/s Erica Enterprises. It is alleged that the appellant along with his colleague P.S.Saini (both Inspector Customs (Preventive)) visited the office cum godown of the complainant (PW2) on 4.07.1989 and that P.S.Saini demanded a bribe of Rs.2 lakhs from the complainant, one lakh each for himself and the accused as the articles kept in the godown were notified goods and since his firm was not a notified dealer, the complainant has violated the provisions of Customs Act, 1962.
(3.)Further, on 07.07.1989, it is alleged by the prosecution that the appellant telephonically contacted the complainant (PW-2) and reiterated the demand as made by P.S.Saini. During the time of telephonic conversation, the brother-in-law of the complainant Ram Malhotra was sitting with him. The complainant said only an amount Rs.60,000/- could be arranged by him and the same was delivered at the residence of the appellant on 08.07.1989 at 8.00 a.m. as the rest of the amount would be arranged within 3-4 days and will be paid to the appellant.