JUDGEMENT
SAFEER, J. -
(1.)The appellant having been found guilty by the Special Judge, Delhi under section 5(2) of the Prevention of Corruption Act, 1947 hereafter called "the Act" and under section 161 of the Indian Penal Code and having been sentenced to rigorous imprisonment for two years on each count, both sentences to run concurrently with the further imposition to pay a fine of Rs. 500.00 because of his conviction under the Act, in default whereof he was to undergo rigorous imprisonment for three months, has come up against the judgment dated the 2nd of August, 1972.
(2.)The case against the appellant is best disclosed by the statement of Shiv Dayal from whom the appellant had allegedly demanded the bribe of Rs. 20.00 for giving an inspection report regarding the scooter which had been involved in an accident.
(3.)Public Witness 1 Shiv Dayal alleged that he had been driving a three- wheeler scooter bearing No. DLR-2072 and he had purchased it from one Madan Lal although the actual transfer to him had not taken place. It was on the 5th of July, 1971 that the said scooter was involved in an accident and was taken away from the spot by Sub-inspector Surjit Singh to police station Chanakyapuri. According to Public Witness I he was told by the said Sub-inspector that the appellant was the person who was to inspect the vehicle which would be returned only after the inspection report which the appellant was to make in respect of the said scooter. While alleging that he had gone to police station Tughlaq Road and had met the appellant on the 12th of July, 1971 Public Witness I stated that he had met the appellant once or twice before that date as well. According to his allegation on the 12th of July, 1971 when he requested the appellant to give the inspection report in respect of the scooter the appellant demanded a sum of Rs. 20.00 from him and indicated that only on payment of that amount-the inspection report will be furnished.
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