INDU MALHOTRA, SANJIV KHANNA
Vinod Kumar Garg – Appellant
Versus
State (Government of National Capital Territory of Delhi) – Respondent
JUDGMENT :
SANJIV KHANNA, J.
1. The impugned judgment dated 7th January 2009 passed by the High Court of Delhi upholds conviction of Vinod Kumar Garg (‘the appellant’, for short) under Sections 7 and 13 of the Prevention of Corruption Act, 1988 (‘the Act’, for short) imposed by the Special Judge, Delhi vide judgment dated 27th March 2002. The appellant has been sentenced to undergo rigorous imprisonment for one and a half years, and fine of Rs. 1,000/-for each offence and in default of payment to undergo simple imprisonment for three months on both counts separately. The sentences have been directed to run concurrently.
2. Challenging the conviction, the learned senior advocate for the appellant submits that there are major contradictions on material aspects in the testimonies of the complainant Nand Lal (PW-2) and the panch witness Hemant Kumar (PW-3). Nand Lal (PW-2) in his court testimony recorded on 9th July 1999 had denied to having paid any money to the appellant prior to lodging of the complaint, but in his complaint (Exhibit PW-2/A) dated 2nd August 1994, Nand Lal (PW-2) had alleged that he had fifteen days back paid Rs. 500/-to the appellant. Further, Nand Lal (PW-2) in his e
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