JASMEET SINGH, J. - (1.)This criminal appeal has been filed by the appellant/accused being aggrieved by the judgment of conviction dtd. 27/9/2000 and order of sentence dtd. 29/9/2000 passed by Special Judge, Delhi in Case No. 283/1994, whereby the appellant has been found guilty for the commission of the offences under Sec. 7 and Sec. 13(i)(d) of the Prevention of Corruption Act, 1988 (in short 'the Act') and sentenced to undergo Rigorous Imprisonment for 1 year on each count and also to pay a fine of Rs.500.00 on each count. Both the sentences were to run concurrently. THE FACTUAL PRISM
(2.)As per the prosecution, on 29/5/1991, Complainant's (Smt. Lata Monga) brother namely Krishan Kumar had a quarrel with her neighbours i.e. Laxmi Narain and Manoj Kumar in which Manoj Kumar had given sword blow to the Krishan Kumar while Laxmi Narain caught hold of Krishan Kumar and thereafter Krishan Kumar received injury on the right side upper part of the eye. On the complaint, investigation was entrusted to the appellant/accused SI Mahal Singh PS Gandhi Nagar. When the appellant visited the house of the complainant on 3/6/1991 at 11:45 pm, the complainant asked the appellant as to why Manoj Kumar had not been arrested till yet. On her query, appellant demanded Rs.2000.00 and would do the work in their favour. As the complainant was unable to pay this much amount in one go, the Appellant asked the complainant to pay Rs.1000.00 next day on 4/6/1991 at about 6:00 pm in the evening at tea shop near police station and give balance amount later on. She was against giving bribe but agreed to pay the said bribe amount out of helplessness.
(3.)Complainant talked to SHO of PS Gandhi Nagar about this but he did not pay any heed. Thereafter, the Appellant demanded the above bribe money and told her that it was being done as per desire of SHO.