The demand and acceptance of bribes must be established for conviction under the Prevention of Corruption Act, as evidenced by consistent witness testimonies and recovery of bribe money.

JUDGMENT

Chandra Dhari Singh, J. The instant criminal appeal under Section 374 read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter "Cr.P.C.") and Section 27 of the Prevention of Corruption Act, 1988 (hereinafter "PC Act") has been filed on behalf of the appellant against the judgment of conviction dated 10th February, 2015 and order of sentence dated 12th February, 2015 passed by the learned Special Judge (PC ACT), ACB, (Central) in CC No. 04/2014 titled `State vs. Ombir'.

FACTUAL MATRIX

2. The background of the case is discussed hereunder:

(i) On 7th February, 2012, two inspectors, namely, Devender Singh Bisht and Rajesh Verma, from the Department of Weights and Measures, conducted a surprise inspection at the factory of the complainant, Diwakar Prasad, M/s Anjali Chem Industries, and while some packages were found to be conforming to the standard specification on the date of the inspection, upon a subsequent inspection on 15th February, 2012, by one Jitender Singh Rathi, Zonal Officer (South), the need for verification of certain other weights and measures was found.

(ii) In pursuance of the second inspection, the complainant visited the office of one Devender Singh Bisht in the Department of Weights and Measures at 10:30 am on 16th February, 2012 in Okhla Phase-3 and allegedly there he met with the appellant who informed him that he can be challaned with a fine of Rs.25,000/- for the irregularities committed. It was further claimed that the appellant told him that his challan would be settled and would be handled if the complainant gave him a sum of Rs.10,000/-, which amount was finally settled at Rs.7,000/- at 2:00 pm on the same day.

(iii) The complainant claims that he left the Department of Weights and Measures in Okhla Phase-3 and went to the office of the ACP, Anti-Corruption Branch (hereinafter "ACB") in Civil Lines to make a written complaint. Upon lodging of the complaint with the ACP, the case was marked to Inspector Yash Pal Singh at 12:00 noon, who then assembled a team comprising of the panch witness, Raid Officer and other officers and conducted pre-trap proceedings by briefing the raiding party by 1:30 pm.

(iv) The raiding party drove to the office of the appellant at about 2:15 pm where he was not found. It was alleged that the complainant, thereafter, telephoned the appellant, who told him to meet him at a Juice Shop where he accepted the bribe amount and was caught red handed and hence, with registration of FIR No. 5/2012 registered at Police Station Anti-Corruption Branch, the appellant was prosecuted.

(v) Chargesheet was filed against the appellant on 7th July, 2014 under Section 7 and 13(1)(d) of the PC Act and charges were framed by the learned Special Judge under the same provisions.

(vi) The learned Special Judge after consideration of the arguments passed the impugned judgment dated 10th February 2015, wherein it was observed that there were no reasons to disbelieve the oral testimony of complainant that he went to the office of Department of Weights and Measures on 16th February 2012 at about 10.30 AM and the accused made a demand for bribe from the complainant. The learned Special Judge held that prosecution established beyond reasonable doubt that accused Ombir demanded and accepted bribe of Rs.7,000/- from the complainant on 16th February, 2012. Further, the learned judge concluded that treated GC notes were recovered from the possession of the accused and on basis of these facts, convicted the accused for the offences punishable under Section 7 & 13(2) read with Sect