RAJESH KUMAR BALIYAN vs STATE

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 20.11.2024 Pronounced on : 28.01.2025 + CRL.A 376/2010 RAJESH KUMAR BALIYAN (NOW DECEASED) THROUGH HIS WIFE RAGHUBIRI DEVI .....Appellant Through: Mr.R.P. Luthra, Mr.Praveen Mishra, Mr.Arun Kumar and Mr.Rahul S., Advocates versus STATE NCT OF DELHI .....Respondent Through: Mr.Hemant Mehla, APP for State with SI Naresh Kumar CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT 1. The present appeal has been filed against the judgement of conviction and order on sentence dated 12.03.2010 passed by Special Judge, Delhi in Criminal Case No. 124/2008 arising out of FIR No. 28/2003 registered under Sections 7/13 of Prevention of Corruption Act, (hereinafter, referred to as „PC Act‟) at P.S. Anti-Corruption Branch, Delhi. Vide the impugned judgement, the appellant was convicted for the offences under Sections 7 and 13(1)(d) of PC Act and vide the order on sentence, he was directed to undergo rigorous imprisonment for a period of two years along with fine of Rs.10,000/- on each count, in default whereof, Signature Not Verified Digitally Signed CRL.A 376/2010 Page 1 of 8 By:GAUTAM ASWAL Signing Date:28.01.2025 17:47:19 he was directed to undergo further simple imprisonment for a period of six months. The said sentences were directed to run concurrently. The appellant was given the benefit of Section 428 Cr.P.C. 2. The facts in a nutshell are that the Complainant Mohd. Fahad had purchased a flat in name of his mother which was allotted by DDA. The complainant was asked by BSES department to get some documents attested by a DDA officer for purposes of meter installation. The appellant was an Executive Engineer attached with Electrical Division No.7, Keshav Puram, Lawrence Road, Near Water Tank, Delhi. The complainant met th