- (1.) Sub Inspector, Om Parkash, the appellant herein, assails the correctness of judgment/order dated 13.04.2010, whereby the court of learned Special Judge, Gurgaon, (in short 'trial Court'), has convicted and sentenced him to rigorous imprisonment for a term of one year under Section 7 of the Prevention of Corruption Act, 1988 (in short 'PC Act') and rigorous imprisonment for a period of two years under Section 13(1) (d) of the PC Act. Case of the prosecution, put as briefly as one may, is that FIR No.438 of 01.11.2007 was recorded at Police Station Sadar, Gurgaon, under Sections 420, 467 468 and 471 of the Indian Penal Code, 1860, (in short 'IPC'), at the instance of Annu Kumar, brother of the complainant (PW7).
(2.) The appellant was Investigating Officer in that case. Investigation in that case was not making progress. Complainant (PW7) approached the appellant and requested him to take action in the aforesaid case against Dalip Singh. Appellant demanded illegal gratification amounting to Rs.1,500/-. Complainant (PW7) went away promising to pay the demanded amount later on. On 26.02.2008, complainant (PW7) made a written complaint, Exhibit-PD, before Inspector, Ramphal (PW10), narrarting the entire sequence of events. Based on the complaint, Exhibit-PD, a formal First Information Report, Exhibit-PD/1, was recorded.
(3.) Inspector, Ramphal, in pursuance to order of Deputy Commissioner, Gurgaon, planned a raid. He joined Inspector Rohtash Singh, ASI Surender Singh, ASI Santosh Kumar, Constable Tejbir Singh and Constable Vijay Pal besides the complainant. The raiding party went to the office of the Deputy Commissioner, Gurgaon.;