The prosecution must prove the demand and acceptance of a bribe beyond a reasonable doubt, and the invocation of Section 20 of the Prevention of Corruption Act is essential for establishing the offense of bribery.

JUDGMENT :

The hearing of the appeal was conducted through video conferencing.

1. The present appeal has been filed by the appellant seeking to set aside the judgment dated 24.05.2010 passed by Special Judge, Delhi in CC No.31/2008 [CC No.62/1999 (old number)], vide which he has been held guilty and convicted for the offences under Sections 7 and 13 (1) (d) read with Section 13 (2) of Prevention of Corruption Act, 1988 (hereinafter referred to as the “PC Act”) and order on sentence dated 26.05.2010, vide which he has been directed to undergo rigorous imprisonment for two years with fine and default clause.

2. The case of prosecution against the appellant is that on 28.02.1996 while working as Assistant Commissioner-V (Appeals), Sales Tax Department, Bikri Kar Bhawan, New Delhi, demanded a sum of Rs.4,000/- as illegal gratification from Shri Gulshan Sikri Proprietor of M/s Filtrex India, Nangal Raya, New Delhi, for favouring him in the matter of appeal pending before him and in furtherance of this demand, he on 01.03.1996 at about 12.40 pm in the Sales Tax Office, I.P. Estate, New Delhi demanded a sum of Rs. 4,000/- from Shri Gulshan Sikri, complainant and directed the complainant to hand over the demanded money to his Reader Shri Ravi Bhatt, who on 01.03.1996 accepted the same as per direction of the appellant and on his behalf as illegal gratification, other than legal remuneration as a motive or reward for favouring the complainant and thereby, he committed an offence punishable under Section 7 of P.C. Act, 1988 read with Section 13 (1) (d) and 13 (2) of the said Act.

3. The charge against the appellant was framed vide order dated 08.02.2000 and thereafter, trial of the case came into motion.

4. To prove its case, the prosecuting agency examined 17 witnesses and appellant examined 01 defence witness. After considering the evidence of the witnesses, the learned Trial Court convicted the appellant. Being aggrieved by the impugned judgment and conviction, the present appeal has been filed.

5. The facts of the case in brief are that the appellant was working as Asstt. Commissioner, Sale Tax Department. An appeal case filed by PW 5 Gulshan Kumar Sikri (the complainant) was pending adjudication before the appellant. During the course of hearing of the appeal on 28.02.1996, the appellant allegedly demanded Rs. 4000/- as bribe for deciding the said appeal in his favour. A raid was organized by the CBI official with the aid of electronic devices and with the help of public Panch witnesses, who were required by the raiding officer for listening to the conversation between the appellant and the complainant and simultaneously, the conversation transpired between them was also recorded on one micro cassette and other normal cassettes. The complainant was directed to pay the bribe amount to his reader Ravi Bhatt, UDC (co-accused), who was sitting in another room. The complainant allegedly gave the bribe money to Ravi Bhatt in his separate room, who was immediately apprehended by trap laying officer and recovered the bribe money from the left side pocket of his pant.

6. The appellant appeared in person and submitted that he and co-accused were arrested and on the next day i.e. 02.03.1996, they were produced before Special Judge, Delhi at 02:00 pm. The said Judge while granting bail on 02.03.1996 to both of them, reprimanded the C.B.I. officers and passed severe strictures after going through the case diaries and ordered as under:-

“till date no statement of the complainant or Panch witnesses has been recorded by the prosecution though the accused persons were arrested at about 2.00 P.M. yesterday. No transcription of the conversation between the accused P.C. Misra and the complainant has been prepared nor the alleged cassettes containing the conversation have been produced before me today. The recovery memo prepared by the raid officer does not give the exact conversation between the complainant and the accused and contains only descriptive statem