JUDGMENT

1. The instant appeal is being filed against the judgment/order dated 27.10.2004 of Special Judge wherein the appellant was convicted to rigorous imprisonment for two years and to pay a fine of Rs.25,000/- for the offence punishable under Section 7 of the PC Act. In default of payment of fine, he shall undergo simple imprisonment for three months each. Convict is further sentenced to rigorous imprisonment for three years and to pay a fine of Rs.25,000/- for the offence punishable under Section 13(2) read with 13(1)(d) of PC Act. In default of payment of fine, he shall undergo simple imprisonment for six months each. It is further directed that all the substantive sentences shall run concurrently and period of detention already undergone during investigation/trial of the case, if any, shall be set off under Section 428 Cr.P.C.

2. The essence of the allegation against the appellant is that, working as an Assistant Collector, Grade-II, Recovery Wing, Delhi Development Authority, he was pursuing proceedings against M/s. Pragati Construction Company for recovery of ground rent for the sum of l.77,44,000/- and had issued arrest warrant against the owner of the said company. It is further alleged that the Civil Judge had stayed the recovery proceeding and directed the DDA to issue demand notice as per the order of the Financial Commissioner and that the appellant demanded l.10,000/- "for complying with the said order of learned Civil Judge".

3. The charge sheet was filed, wherein, the appellant has been shown in Column No. I, as accused whereas his son namely Yash Pal Rawal and Lalu Sahu (juice vender) are shown in Column No. 2.

4. The Trial Judge has framed Charge vide its order dated 22.07.1998, against the appellant as under :-

"Firstly you Nepal Singh Rawal being a public servant while working in the capacity of Assistant Collector, Grade-I DDA on 15-10-95 at the Office of M/s Pragati Construction Company, Nehru Place, New Delhi demanded illegal gratification of Rs.10,000/- from the complainant Satbir Singh as a motive or reward for accepting the ground rent as per the order dated 31- 1-95 of the Court of Shri Rakesh Garg, Civil Judge, Delhi and later on you asked complainant Satbir Singh to pay Rs.5,000/- out of the demanded amount on 20-10-95 and to pay balance of Rs.5,000/- on completion of the work. Further on 27-10-95 at about 12.00 Noon you reiterated your demand for Rs.5,000/- on telephone and directed complainant Satbir Singh to pay you demanded amount on 28-10- 95 at about 10.00 AM at Nagar Dass Tea Stall, ITO New Delhi and in furtherance of your aforesaid demand you on 28-10-95 in between 12.10PM to 12.40PM at ITO New Delhi demanded illegal gratification of Rs.5,000/- from the complainant and accepted the same through Shri Lalu Sahu who accepted aforesaid amount from the complainant at your direction. Thereby you have committed an offence punishable U/s 7 of the P.C. Act, 1988 and within my cognizance.

Secondly, you Nepal Singh Rawal being a public servant while holding the office of Assistant Collector, Grade-I Recovery Wing, DDA, INA, Vikas Sadan on 28-10-95 in between 12-10PM and 12-40PM at ITO, Delhi by corrupt and illegal means and by abusing your position as such public servant obtained for yourself pecuniary advantage to the extent of Rs.5,000/- without any public interest thereby committed an offence punishable U/s 13(2) r/w 13(1)(d)of the PC Act, 1988 and within my cognizance."

5. The appellant pleaded not guilty.

6. The prosecution has examined nine witnesses, whereas, the appellant produced three defense witnesses.

7. The Trial Judge has mainly relied upon the following witnesses:-

PW 1 Sh. K.S. Chabra who proved phenolphthalein test.

PW 2 Satbir, who has proved complaint.

PW 4 B.R. Gupta, Partner in Pragati Constructions and Employer of PW 2 Satbir.

PW 5 R.K. Agarwal, shadow witness.

PW 6 Uday Kumar, Punch Witness.

PW 8 R.S. Tokus, first IO who laid the trap.

PW 9 Mrs. A