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Suraj Mal Versus State Delhi Administration

1979 (2) TMI 203 - SUPREME COURT

CRL.A. 202 OF 1974 - Dated:- 13-2-1979 - A Koshal and S M Ali, JJ. JUDGMENT 1. This appeal by special leave is directed against the judgment of the Delhi High Court dated 11th February, 1974 upholding the conviction and the sentence imposed on the appellant. The appellant was convicted under Section 5(2) of the Prevention of Corruption Act and Section 161 IPC read with Section 34 and was sentenced to two years R.I. under each of the sections and a fine of ₹ 200/- in default two months R.I. .....

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attached to Police Station, Panipat. These three persons came to Delhi and are alleged to have met Prem Nath Sharma & demanded bribe of ₹ 2000/- for helping them in the case and trying to get them acquitted. It is stated that as the complainant expressed his it ability to pay such a huge amount the deal was ultimately struck at ₹ 1000/- out of which ₹ 350/- was to be paid on the 1st September, 1969 and the rest after some time. According to the Prosecution case out of the .....

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but Ram Narain was acquitted on the ground that there was no sufficient evidence against him and was given benefit of the doubt. The appellant and Devender Singh were sentenced by the Special Judge as indicated above. The High Court, however, acquitted Devender Singh on the ground that the sanction was not valid. It appears that the three accused persons had accepted bribe at House No. 16/1. Arya Samaj Road, New Delhi and the payment of bribe was witnessed by P.Ws 6, 8 and 9 i.e. Shiv Narain Gu .....

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d was not sufficient to convict Ram Narain but nevertheless the trial court convicted the appellant on that very evidence. In upholding the conviction of the appellant the High Court completely overlooked the fact that the very evidence on which the conviction of the appellant was based had been rejected with respect to the same transaction and thus if one integral part of the story given by witnesses was not believable, then the entire case failed. In other words, the Position was that while P. .....

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dence of such witnesses. For these reasons, therefore, when the Special Judge disbelieved the evidence of P Ws. 6 8 and 9 in regard to the complicity of Ram Narain, It was not open to him to have convicted the appellant on the same evidence with respect to the appellant, which suffered from same infirmities for which the said evidence was disbelieved regarding the complicity of Ram Narain. If the witnesses drew no distinction in the examination in chief regarding acceptance of bribe by Ram Narai .....

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the appellant had met him and demanded bribe of ₹ 2000/, the appellant having demanded ₹ 100/-, yet in the report which he lodged before Mr. Katoch, there is no mention of the fact that the appellant at any time demanded any tribe at all. Even the presence of the appellant at the time when the demand was made by Devender Singh has not been mentioned, in this document. This report, undoubtedly contains reference to a demand having been made by the Section H.O. Devender Singh on behal .....

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