SOHAN LAL Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) THIS appeal is directed against the impugned judgment and order of sentence dated 04.02.2006 and 06.02.2006 respectively wherein he has been convicted under Sections 7 and 13(1)(d) of the Prevention of Corruption Act (hereinafter referred to as the 'PC Act') and sentenced to undergo rigorous imprisonment for 3 years and to pay a fine of Rs.6000/ - in default of payment of fine to undergo SI for 6 months under Section 13(1)(d) of the PC Act; under Section 7 of PC Act he has been sentenced to undergo rigorous imprisonment for 2 years and to pay a fine of Rs.4000/ - in default of payment of fine to undergo SI for 4 months. Both the sentences were to run concurrently.

(2.) RECORD shows that on 13.06.2001 Mahendra Kumar (PW -4) had filed a complaint in the Anti Corruption Branch which was to the effect that the appellant Sohan Lal had demanded a bribe from him for Rs.10,000/ - for releasing his goods which had been confiscated. In his formal complaint (Ex.PW -4/A) it was stated that on 08.6.2001 some people had come to his office from the office of the Corporation and they stated that since he had not paid them the "monthly" they had come to impound his goods and had accordingly done so. Since the following two days were holidays he could not go to get his goods released from the office of the Corporation at Minto Road. On 13.6.2001 he met Inspector Sohan Lal and one Om Prakash in the Corporation office who had threatened him that for the release of the eight bundles of goods he would have to pay a fine of Rs.50,000/ -; they would take a lenient view; he would, however, on affidavit have to state that these goods would be donated to a temple but for this purpose he would have to pay a bribe of Rs.10,000/ - and Rs.45,000/ - as the fine amount; the bribe of Rs.10,000/ - was to be shared by four persons including appellant Sohan Lal and one Om Prakash. Complaint further recites that the main person was Sohan Lal and he had called PW -4 in his office on 13.6.2001; since the complainant was against giving bribes, he has filed the aforenoted complaint.

(3.) ON the same day i.e. on 13.6.2001 at about 11.00 a.m. PW -4, PW -5, PW -8 and PW -9 as also other members of the raiding party reached the office of the appellant at Minto Road. PW -4 and PW -8 entered the office at about 12.45. p.m.; PW -8 gave the appointed signal; PW -9 and other members of the raiding party reached the spot. PW -8 informed PW -9 that bribe money of Rs.5000/ - had been accepted by the appellant. The appellant was challenged; he became perplexed and started apologizing. The search of the appellant revealed that a sum of Rs.5000/ - which were 10 currency notes of Rs.500/ - each were lying in the left front pocket of his shirt. The number of the GC notes tallied with the numbers mentioned in the pre -raid proceedings; this is evident from the seizure memo Ex.PW -4/B. Right hand wash and left side shirt pocket wash of the accused were also taken. The solutions were transferred into separate clean bottles and sealed. The bottles were marked as RHW -I, RHW -II, LSPW -I and LSPW -II.