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2007 DAILYLAW 2456 (DEL)

RAM NARAIN v. STATE OF DELHI

2007-09-26

Shiv Narayan Dhingra

body2007
( 1 ) THIS application for suspension of sentence has been made by the appellant, who stands convicted by the Trial Court under Section 7 and 13 (2) of the Prevention of Corruption Act and sentenced to undergo RI for two years and four years respectively. ( 2 ) THE appellant was working as a Head Clerk in Delhi Vidyut Board. Complainant had applied for electricity connections. For processing the applications of the complainant, appellant demanded a bribe of Rs. 1,800/ -. The complainant at that time was having Rs. 500/- and he gave that amount to the appellant and promised him to pay Rs. 1,300/- later on. Thereafter, he approached to Anti Corruption Branch and lodged complaint about this bribe demand. A trap was laid and the appellant was caught receiving Rs. 1,300/-balance bribe amount red handed. ( 3 ) THE counsel for the appellant argued that complainant in this case has not supported the prosecution case fully and the conviction was bad-in-law. There was every possibility of the appellant succeeding in appeal. If, there was no likelihood of hearing taking place in near future, the sentence of the appellant should be suspended. ( 4 ) I have perused the judgment of the Trial Court and the evidence, suffice it to say that the conviction of the appellant is based on cogent and sufficient evidence. Merely because the complainant had not supported part of the prosecution case would not fail the entire prosecution case. It has normally seen that those persons, who are caught taking bribe, they try to win over the witnesses by giving more bribe to them and such witnesses make an attempt to wriggle out of their earlier complaint and the consequences thereof. There are no allegations made by the appellant of any enmity between the investigating officer and the members of raiding party. The recovery of the tainted money has been proved before Trial Court and all facts have been considered by the Trial Court at the time of delivering judgment. ( 5 ) WHILE considering the application for suspension of sentence, the court has keep in mind all facts and circumstances and the seriousness of the nature of the offence. Corruption is not only serious but very serious offence. ( 6 ) CORRUPTION nowadays has become a cancer in the society and this crime cannot be looked upon as a trivial offence. Corruption is not only serious but very serious offence. ( 6 ) 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. 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. " ( 7 ) I find no ground to suspend the sentence of the appellant. The application for suspension of sentence is hereby dismissed.