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DELHI HIGH COURT
Anu Malhotra, J.
Ram Naresh Tiwari – Appellant
Versus
C.B.I. – Respondent
Crl.A. 289 of 2001
Decided on 15.9.2021
Prevention of Corruption Act, 1988 – Sections 7 and 13(2) read with Sections 13 (1)(d) and 20 – Indian Penal Code, 1860 – Section 186/201 read with Section 224/332/353 – Demand of bribe – Abuse of official position as such public servant(Asst. Sub Inspector of Police) – Conviction and sentence – Complainant had been fully corroborated by testimony of shadow witness – Defence evidence led by accused-appellant herein before Trial Court, is unable to create any dent in prosecution version which establishes factum of garbed demand of illegal gratification made by appellant for removal of name of complainant in relation to allegations against him in complaint – Tainted money smeared with Phenolphthalein powder had been given to accused/appellant herein by complainant which accused/appellant herein had placed in his table’s drawer and which apparently fell into cavity of his drawer and could be recovered only when table was overturned by Investigation Officer also stands established through consistent testimonies of prosecution witnesses examined – That sodium carbonate solution turned pink when left hand and right hand wash of accused/appellant herein were taken, is also established through record – It cannot be said that injuries if any caused to appellant who entered into a scuffle with trap party personnel, whilst attempting to escape whilst raiding party was attempting to apprehend him can be held to be unexplained – There is no infirmity in impugned judgment convicting appellant for commission of offences punishable under Sections 7 and 13(2) r/w Section 13(1)(d) of Prevention of Corruption Act, 1988 and for commission of offences punishable under Section 186, 201 read with Section 511 read with Section 224, 332 and 353 of Indian Penal Code, 1860 – Sentence imposed on accused/appellant is commensurate with nature of offence committed by appellant as per sentence imposable on date of commission of offence – Appeal dismissed. (Paras 75 to 79)
Result: Appeal dismissed.
JUDGMENT
Anu Malhotra, J.—The appellant, vide the present appeal assails the impugned judgment dated 25.04.2001 and the impugned order on sentence dated 26.04.2001 of the Court of the Learned Special Judge, Tis Hazari Courts, Delhi in relation to RC No. 47(A)/96-DLI whereby the appellant was convicted for offences punishable under Sections 7 & 13(2) read with Sections 13 (1)(d) of the Prevention of Corruption Act, 1988 and Section 186/201 read with Section 224/332/353 of the Indian Penal Code, 1860.
2. Vide the impugned order on sentence dated 26.04.2001, the appellant was sentenced as under:-
“7. For the offence punishable u/s 7 of the P.C. Act, sentence prescribed by Law is “imprisonment which shall not be less than six months but which may extend to five years” and fine also. I am, therefore, of the view that if convict is sentenced to simple imprisonment for two years and fine of Rs.2,000/- or in default simple imprisonment for two months, it shall serve the ends of Justice. I sentence him accordingly, for the said offence.
8. Offence u/s 13(2) r/w Section 13(1)(d) is “punishable with imprisonment for a term which shall not be less than one year, but which may extend to seven years” and also with fine. I, accordingly, sentence the convict Ram Naresh Tiwari for this offence to undergo simple imprisonment for three years and also to pay a fine of Rs.5,000/- or in default, he shall further undergo SI for three months.
9. Offence u/s 201 is punishable “with imprisonment of the description provided for the offence, for a term which may extend to one fourth part of the longest term of the imprisonment provided for the offence, or with fine or with both”, if the offence is punishable with less than ten years of imprisonment. And, Section 511 provides that “where no express provision is made by this code, for the punishment of such attempt”, punishment shall be “imprisonment of any description provided for the offence, for a term which may extend to one half of the imprisonment of the largest term provided for the offences, with some fine as provided for the offence or with both.”
10. Thus in the instant case, convict can be sentenced to imprisonment to the maximum term of 7 by (4 into 2) i.e., 10 & 1/2 months only, besides, the fine. Hence, I sentence him to undergo SI for three months and to pay a fine of Rs.500/-or in default SI for 10 days only for the offence punishable u/s 201 r/w 511 IPC.
11. For the offence u/s 332, he is sentenced to undergo SI for one year and a fine of Rs.1500/- or in default SI for one month and for offence u/s 224, he shall undergo SI for six months and fine of Rs.1000/- and in default SI for 20 days.
12. It is further directed that all the substantive sentences shall run concurrently and the convict shall be entitled to the benefit of set off for any period undergone in custody by him during investigation or trial of this case.”
3. Vide order dated 23.05.2001 when the present appeal was admitted Crl.M. No. 911/2001, an application under Section 389 of the Cr.P.C., 1973, for suspension of sentence with it having been submitted on behalf of the appellant that the fine had already been deposited and grant of bail was disposed of with directions to the effect that, the sentence awarded to the appellant was suspended on submission of the personal bond in the sum of Rs.15,000/- with one surety in the like amount to the satisfaction of the Trial Court.
4. The prosecution version is put forth through the charge sheet dated 29.08.1996 to the effect that the appellant herein whilst being posted and functioning as a public servant in the capacity of an Asst. Sub Inspector, No. 2979/D, Police Post Shanti Nagar, New Delhi falling under the jurisdiction of Police Station Keshav Puram, Delhi had abused his official position as such public servant and had demanded a sum of Rs.10,000/- as a bribe from
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