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2007 DAILYLAW 2291 (DEL)

JAI NARAYAN v. STATE

2007-09-18

Shiv Narayan Dhingra

body2007
( 1 ) THIS application under Section 389 (1) Cr. P. C, moved on behalf of the appellant Jai Narayan who has been convicted by the learned trial court under sections 7 and 13 (2) of Prevention of Corruption Act, 1988 ( in short "the Act")and was sentenced to RI for three and a half years and a fine of Rs. 3000/- under section 7 and sentenced to three and a half years under Section 13 (2) of the act. Both sentences to run concurrent. ( 2 ) IT is submitted by counsel for the appellant that the appellant has been convicted only on the basis of deposition of raiding officials without appreciating the fact that there was no supporting or corroborating evidence and the case was not proved beyond reasonable doubt. The appellant is in custody since 30th March, 2007. ( 3 ) THE appellant was junior engineer with Delhi Jal Board and a complaint was made to Anti Corruption Department regarding demand of bribe for issuance of duplicate water bill to the complainant. A raid was conducted on the basis of complaint and the appellant was arrested with bribe money. 3. I have gone through the judgment and the relevant evidence. Without going into the merits of the case, at this stage, suffice it to say that the judgment of the trial court is based on cogent evidence and is not based on purely conjectures, as alleged by the appellant in the application. While hearing on the applications for suspension of sentence, the Court has to consider all aspects. ( 4 ) CORRUPTION nowadays has become a cancer in the society and this crime cannot be looked upon as a trivial offence. Supreme Court in State of M. P. And others v. Ram Singh 2000 SCC (Cri.) 886 observed as under: "8. Corruption in a civilized society is a disease like cancer, which if not detected in time, is sure to maliganise (sic) the polity of the country leading to disastrous consequences. It is termed as a plague which is not only contagious but if not controlled spreads like a fire in a jungle. Its virus is compared with HIV leading to AIDS, being incurable. It has also been termed as royal thievery. The socio-political system exposed to such a dreaded communicable diseased is likely to crumble under its own weight. It is termed as a plague which is not only contagious but if not controlled spreads like a fire in a jungle. Its virus is compared with HIV leading to AIDS, being incurable. It has also been termed as royal thievery. The socio-political system exposed to such a dreaded communicable diseased is likely to crumble under its own weight. Corruption is opposed to democracy and social order, being not only anti-people, but aimed and targeted against them. It affects the economy and destroys the cultural heritage. Unless nipped in the bud at the earliest, it is likely to cause turbulence " shaking of the socio-economic-political system in an otherwise healthy, wealthy, effective and vibrating society. " ( 5 ) LOOKING into the fact that the appellant has been in jail only for a period of few months and the sentence awarded is three and half years, each under two counts, I consider that it is not a fit case for suspension of sentence. The application is hereby dismissed. No orders as to costs.