Special judge Narottam Kaushal held the two guilty under various provisions of IPC and Prevention of Corruption Act relating to demand and acceptance of illegal gratification.
They were booked after a restaurant owner secretly recorded conversations in which they are heard demanding protection money from a man posing as another restaurant owner. Sentencing two cops of Delhi Police to three years in prison, a trial court held them guilty of misusing their powers and position.
"On account of misuse of position as public servants by the SHO and his staff, mushrooming of unauthorized restaurants/cafes was encouraged (in the area). Instead of assisting the MCD in closing such restaurants, the law-enforcing agency was permitting their proliferation in lieu of personal favours," special judge Narottam Kaushal said. The court also imposed a fine of Rs 35,000 each on the duo. It, however, allowed their pleas for suspending their sentence till September 20 to enable them to file appeals against their conviction and sentence.
According to the anti-corruption branch (ACB), Rawat and Tyagi had demanded illegal gratification in the form of monthly payment from Deepak Kumar Aggarwal, proprietor of a restaurant in Bhajanpura area. Tyagi, claiming to be working for Rawat, had received payments from the restaurant owner, it said.
Aggarwal approached the officials of ACB and recorded the conversation of Tyagi and Rawat with him and one of his friends, who posed as another restaurant owner. Both accused were then arrested and pleaded not guilty in the trial.
"From the evidence, this court is of the definite opinion that the CDs, which contain recordings of conversation between Tyagi and Deepak Aggarwal dated January 8, 2009 and the recording dated February 12, 2009 between Rawat and Anurag Gupta (friend of complainant) are a credible piece of evidence," the court said.
"I, therefore, hold that the prosecution has been able to prove beyond reasonable doubt that a demand of Rs 5,000 was made by accused R K Tyagi as protection money for permitting the complainant to run his restaurant," the judge said.
The court also noted that the prosecution was able to establish the conspiracy between Tyagi and Rawat to extract money from Aggarwal. "I, thus, hold that prosecution has proved the charge of conspiracy between the two accused, as regards demand and acceptance of illegal gratification from Deepak Aggarwal," the judge said.
The court also convicted Rawat for demanding Rs 12,000 as illegal gratification from the person who posed as owner of another restaurant.
http://timesofindia.indiatimes.com/followceleb.cms?alias=Prevention of Corruption Act,MCD,Delhi Police
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