N.L.UNTWALIA, A.ALAGIRISWAMI
V. K. Sharma – Appellant
Versus
State (Delhi Administration) – Respondent
Judgment
UNTWALIA, J.: - The appellant in this appeal by special leave has been convicted under Section 5 (2) of the Prevention of Corruption Act, 1947 - hereinafter called the Act, read with Section 5 (1) (d) and under Section 161 of the Indian Penal Code. The Trial Judge sentenced the appellant under each count to undergo rigorous imprisonment for 2 1/2 years. Sentences to run concurrently. He was also sentenced to pay a fine of Rs. 1,000/- under Section 5 (1) (d) of the Act. The Delhi High Court dismissed the appellant s appeal subject to the reduction in his sentences. The concurrent sentence of rigorous imprisonment for 2 1/2 years has been reduced to one year under each count and the imposition of fine of Rs. 1,000/- has been reduced to Rs. 500/-.
2. The appellant was a quasi-permanent Lower Division Clerk of the Central Secretariat Clerical Service, Grade II and was borne on the cadre of Community Development and Co-operation. At the relevant time he was working as Inspector in the Rationing Department
3. P. W. 3 Madan Lal was the owner of a Rationing Depot in Gandhi Nagar, Delhi. His complaint was that the appellant had been demanding Rs. 100/- per month by way of bribe under
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