Thu. Mar 4th, 2021

P.C. Mishra vs Cbi on 21 January, 2021

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1. The present appeal has been filed by the appellant seeking to set aside

the judgment dated 24.05.2010 passed by Special Judge, Delhi in CC

No.31/2008 [CC No.62/1999 (old number)], vide which he has been held

guilty and convicted for the offences under Sections 7 and 13 (1) (d) read

with Section 13 (2) of Prevention of Corruption Act, 1988 (hereinafter

referred to as the “PC Act”) and order on sentence dated 26.05.2010, vide

CRL.A.692/2010 Page 1 of 35
which he has been directed to undergo rigorous imprisonment for two years

with fine and default clause.

2. The case of prosecution against the appellant is that on 28.02.1996

while working as Assistant Commissioner-V (Appeals), Sales Tax

Department, Bikri Kar Bhawan, New Delhi, demanded a sum of ₹4,000/- as

illegal gratification from Shri Gulshan Sikri Proprietor of M/s Filtrex India,

Nangal Raya, New Delhi, for favouring him in the matter of appeal pending

before him and in furtherance of this demand, he on 01.03.1996 at about

12.40 pm in the Sales Tax Office, I.P. Estate, New Delhi demanded a sum of

₹ 4,000/- from Shri Gulshan Sikri, complainant and directed the complainant

to hand over the demanded money to his Reader Shri Ravi Bhatt, who on

01.03.1996 accepted the same as per direction of the appellant and on his

behalf as illegal gratification, other than legal remuneration as a motive or

reward for favouring the complainant and thereby, he committed an offence

punishable under Section 7 of P.C. Act, 1988 read with Section 13 (1) (d)

and 13 (2) of the said Act.

Source: Indian Kanoon

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