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9. I have heard Final Arguments as addressed by Sh. R.S Singhal, Adv. Ld. Counsel for the accused and Sh.Maqsood Ahmed, Ld. Addl. PP for the State and perused the relevant record.

10. It is submitted by Ld. Counsel for the accused that this accused Salek Chand Garg is innocent and had never demanded nor accepted any amount from the complainant for getting alloted any DDA Flat to him. It is also added by him that the accused has no reason to demand or accept any money from the complainant for getting him alloted any DDA Flat as the accused was merely posted as AE in DDA, Vasant Kunj and was no way concerned with the allotment process of the DDA Flat to any one. It is also added by Ld. Defence Counsel that in response to the Letter dated 10.05.2011 by the IO in their Reply dated 24.06.2011 Ex.PW13/B, the Deputy Director, Enforcement (Housing), DDA has clearly stated the allotment of the Flats is done through draw of lots against the registered applications and there is no influence of any wing of DDA in draw of lots/allotment of DDA Flats and the same policy was being adopted in 1994 and said Reply also clearly indicates that the accused had no authority to influence the allotment of DDA Flats in any manner and the same reflects the innocence of the accused. It is also added by Ld. Defence counsel that the complainant due to earlier enmity had filed false complaint against the accused in order to harass him and said fact is also found supported from the fact that the complainant had failed to file any documentary proof with regard to the payment of Rs.70,000/­ to the accused. It is also added by Ld. Defence counsel that the complainant has not even stated regarding the date, month and year as to when he has paid said amount to the accused nor had filed any supporting documentary proof in this respect along with the Complaint nor could deliver any such documentary proof to the IO during course of Investigation. It is also added by Ld. Defence counsel that the complainant was already having a Flat in Delhi and therefore, he was not entitled for allotment of any other Flat from DDA in Delhi and therefore, there was no occasion on his part to make any payment to the accused for getting allotment of any DDA Flat. It is also added by Ld. Defence counsel that since the complainant had filed a false complaint against the accused and therefore, the prosecution could not find any incriminating material as against the accused and was constrained to file Closure Report three times before the Court despite carrying out further Investigation and the same reflects the innocence of this accused. Ld. Counsel further added that the accused has already retired from service several years back and is aged about 71 years and is innocent but has been suffering the hardships of the present case due to the false Complaint lodged by the complainant and as there is no evidence as against the accused, he deserves to be acquitted.

11. To the contrary, it is submitted by Ld. Addl. PP for the State that the prosecution by examining 13 PWs have clearly established its case as against this accused and therefore, the accused deserves to be convicted for the charged offence. It is further added by Ld. Addl. PP for the State that the complainant PW2 Yashpal Singh as well as his wife PW3 Smt.Gurcharan Kaur clearly supported the case of the prosecution regarding the demand and acceptance of Rs.70,000/­ by the accused from the complainant for getting allotment of a DDA Flat for the complainant and the accused has neither got alloted the said DDA Flat nor re­paid the said amount to the complainant. It is further added by Ld. Addl. PP that there is no reason as to why the complainant and his wife would falsely implicate the accused in this case. It is also added by Ld. Addl. PP that prosecution has been successful in establishing its case as against the accused for the charged offence and hence, he deserves to be convicted, accordingly.

13. From the perusal of the Complaint Ex.PW2/A, it is reflected that in the Complaint Ex.PW2/A, complainant/PW2 Yashpal Singh has stated that he has obtained Rs.70,000/­ through Draft from his brother who was coming after his retirement from Jodhpur but he has not stated the Date, Month and Year in this respect. But in his deposition in the court, said complainant has stated that in January/February 1991 on his request, his brother Jasbir Singh had sent a Draft of Rs.70,000/­ through Bhag Singh, his relative and after getting encashed the said Draft, he paid Rs.70,000/­ to the accused probably in March, 1991 for getting allotment of a DDA Flat but it is pertinent to note here that if the complainant had received any such amount through Bank Draft and got encashed through his Banker then there is no reason as to why he had not submitted any documentary proof in the form of his Bank Statement of Account/Copy of his Pass Book to the IO despite several opportunities granted to him in this respect. Furthermore, it is not the case of the complainant that he had submitted any application for allotment of any DDA Flat and got registration of the same and without registration of any such application for allotment of any DDA Flat, the question of allotment of any DDA Flat in favour of the complainant does not arise at all.

14. Furthermore, PW13 ACP Rampal Singh, Part IO has deposed as under:­ "On 10.05.2011 I had sent a Letter to Commissioner (Housing), DDA, Vikas Sadan, INA, New Delhi for answering some queries about the accused, the Letter is Ex.PW13/A bearing my signatures at point A. Reply in this regard was received vide Letter Ex.PW13/B which was placed on record."

15. From the perusal of aforesaid query Letter dated 10.5.2011 Ex.PW13/A and Reply Letter dated Ex.PW13/B, it is clearly reflected that the allotment of the Flat was done through draw of lots against the registered applications and there was no influence of any wing of DDA in draw of lots/allotment of DDA Flats and same policy was there even in the year 1994 and the accused S.C.Garg, who was posted as AE, SW­2, DDA, had no authority to influence the allotment of DDA Flats in any manner.