September 16, 2021 10:29:42 am
More than 25 years after he was released on bail, the Delhi High Court has dismissed the appeal of a police official, who was convicted in April 2001 in a corruption case, and directed that he be taken into custody forthwith.
Sentenced to an imprisonment of three years in 2001, the Delhi Police assistant sub-inspector had undergone 16 days of detention as an undertrial in 1996.
ASI Ram Naresh Tiwari of Police Post Shanti Nagar in 1996 had demanded Rs 10,000 from a person against whom he was looking into a complaint of kidnapping filed by a woman’s father. The issue actually involved a case of runaway marriage and both the families later agreed to the union, following which the complainant chose to withdraw the complaint. However, Tiwari continued to insist on the bribe money. A complaint was filed with the CBI in this regard and the police official was caught red-handed in a trap laid by the central agency.
Tiwari was convicted in April 2001 under various provisions of Prevention of Corruption Act, 1988 and Indian Penal Code. The trial court decision was challenged before the High Court which suspended the sentence during the pendency of trial in May 2001.
Justice Anu Malhotra, in the verdict passed on Wednesday, said there is no infirmity whatsoever in the trial court’s judgement. “It is held that the sentence imposed on the accused/appellant is commensurate with the nature of offence committed by the appellant as per the sentence imposable on the date of the commission of the offence,” the court said.
The court further added that the prosecution version establishes the demand, acceptance of illegal gratification and recovery of tainted money from the accused. “The defence evidence led by the accused i.e. the appellant herein before the Trial Court, in unable to create any dent in the prosecution version which establishes the factum of the garbed demand of illegal gratification made by the appellant for removal of the name of the complainant,” the order read.
Dismissing the appeal and withdrawing the order suspending Tiwari’s sentence, the court said, “The accused/appellant who has as per the nominal roll received from the Superintendent of Prison, Central Jail No.4, Tihar, Delhi undergone 16 days of detention as an undertrial from 16.06.1996 to 01.07.1996 as also as per the nominal roll dated 13.09.2021,is directed to be taken into custody forthwith”.
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