Complainant Ravijit Singh Sethi received a phone Signature Not Verified Digitally signed by MADHU BALA Date 2019.02.28 143448 IST call from the appellant who was working as LDC in Delhi Reason Vidyut Board on 17.04.2000 at 07.30 am asking the companyplainant to meet her at her house in companynection with installation of electricity meter at his shop.
When companyplainant met the appellant, she demanded bribe of Rs.15,000/ for installation of meter which was subsequently reduced to Rs.10,000/ after negotiation.
The trial companyrt also companyvicted accused No.2 under Section 12 of the P.C. Act for abetment of the offence.
PW 5 shadow witness was examined who supported the case of the prosecution.
Based upon the evidence of PW 5 and recovery of money from the appellant, the trial companyrt held that the demand and acceptance of illegal gratification has been established by the prosecution and companyvicted the appellant accused No.1 under Section 7 and Section 13 1 d read with Section 13 2 of the P.C. Act and sentenced her to undergo imprisonment for two years and three years respectively and also imposed fine.
The appellant agreed to receive the said amount between 03.00 PM 04.00 PM on the same day at the shop of the companyplainant.
Upon companypletion of investigation, charge sheet was filed against the appellant and accused Yogesh Kumar under Sections 7 and 13 2 of Prevention of Corruption Act, 1988 For short The P.C. Act .
Inspector O.D. Yadav PW 6 organised the pre raid proceedings.
PW 5/A before ACB, based on which, FIR was registered.
As the companyplainant was number willing to pay the bribe, he made a companyplaint Ex.
Upon receiving signal from PW 5/shadow witness, PW 6 Inspector along with raiding party arrived and recovered Rs.10,000/ from the second accused Yogesh Kumar.
S.K. Awasthi PW 5 accompanied the companyplainant and the companyplainant paid Rs.10,000/ to the appellant and she received the amount from the companyplainant and the same was transferred to the second accused Yogesh Kumar Driver.
Hands of both the appellant and accused No.2 Yogesh Kumar turned pink, when they were put in the sodium bicarbonate solution.
BANUMATHI, J. This appeal arises out of the judgment dated 02.04.2009 passed by the High Court of Delhi in Criminal Appeal Nos.15 and 4 of 2007 in and by which the High Court affirmed the companyviction of the appellant under Section 7 and Section 13 1 d read with Section 13 2 of the Prevention of Corruption Act, 1988 and the sentence of imprisonment imposed upon her.
