R. K.Gauba, J. - (1.)The appellant was arrested on 19.01.1993 during the course of investigation into first information report [RC No.8(A)/93-DLI] of the Central Bureau of Investigation (CBI), it having been registered on the basis of complaint (Ex.PW-1/A) lodged on the said date by Panna Lal Yadav (PW-1). He was brought to trial in the court of Special Judge (Prevention of Corruption Act) on the basis of evidence that had been gathered during the said investigation, it having been presented in the form of report ("charge sheet") under Section 173 of the Code of Criminal Procedure, 1973 (Cr.P.C.) submitted on 08.10.1993. The trial in the said case (CC No.131/1993 later registered as CC No.128/1999 was held on charge for offences punishable under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 ("P.C.Act, 1988", for short). On conclusion of the trial, in the course of which CBI led evidence by examining eleven witnesses, the trial court rendered its judgment on 17.02.2000 holding the appellant guilty, as charged, on both counts. By subsequent order dated 21.02.2000, he was awarded rigorous imprisonment for one year and rigorous imprisonment for two years respectively for offences under Section 7 and 13(2) of the Prevention of Corruption Act, 1988 along with fine of Rs.1,000/- and in default further rigorous imprisonment for three months on each count.
(2.)The present appeal assailing the said judgment and order on sentence was filed in March, 2000 and has come up for consideration more than eighteen years thereafter.
(3.)The basic background facts which were part of the gravamen of the charge brought against the appellant may be noted at this stage. It is alleged that the complainant Panna Lal Yadav (PW-1) ("the complainant") was desirous of obtaining learner's driving licence, a resident of Laxmi Nagar Delhi, he approached the Regional Transport Office (RTO) located at Tilak Marg, New Delhi on 18.01.1993. The appellant indisputably was working in the post of stenographer in the erstwhile Delhi Administration (now Govt. of National Capital Territory of Delhi). He was posted during the said period in the office of Motor Licensing Officer (MLO) in the said RTO at Tilak Marg, New Delhi. It is alleged that the complainant met him on 18.01.1993 and presented before him his application form (Ex.PW-1/E) for issuance of learner's driving licence. The appellant allegedly demanded Rs.250/- to be paid as illegal gratification indicating that otherwise the work would not be done, he having asked the complainant to come with the money on the next date, i.e. 19.01.1993 by 1:00 p.m. The complainant instead approached CBI by his written complaint (Ex.PW-1/A) which was translated into FIR (Ex.PW-8/A), the matter for laying of a trap and further proceedings in that regard being entrusted to Inspector R.S. Khatri (PW-8).