SAT PAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The Appellant before us was the Veterinary officer in Veterinary Hospital village Kot Sukhia, Police Station Katkapura. On the 30th May, 1991 PW.2 Darshan Singh, the complainant, went to him at about 1.00 p.m. and requested him for a certificate to get a loan for buying a buffaloe as per the Government scheme. The Appellant told him that the certificate had been prepared but would not be delivered to him unless he paid Rs. 200/-. On negotiation however this figure was reduced to Rs. 100/-. PW.2-Darshan Singh thereafter told the Appellant that he would pay the money the next day. He however talked over the matter with Kuldip Singh-PW.3 who suggested that in stead of paying bribe he should inform the Vigilance Department, Faridkot. The two thereafter went to Faridcot and informed DSP Tara Chand-PW.6 who prepared a trap and carried out the procedure with the phenolphthalein powder on a currency note of Rs. 100/- provided by Darshan Singh. The raiding party also associated Dr. J.C. Manda-PW.1 of the Homeopathic Dispensary as a shadow witness. The raiding party then came to village Kot Sukhia and whereas Darshan Singh and Kuldip Singh went to the Appellant's hospital the others stayed back near the water-works. The Appellant asked Darshan Singh if he had brought the money whereupon he handed over the currency note to the Appellant, who put the same in his purse and placed the purse in the back pocket of his trousers. Kuldip Singh thereafter gave the signal to the raiding party which rushed to the place. The DSP introduced himself to the Appellant and first washed the hands of Dr. Manda in the Sodium Carbonate solution, on which the colour of the solution did not change and thereafter, he put the hands of the Appellant in the solution on which the colour changed to pink.

(2.) On the completion of the investigation the Appellant was charged for offences punishable under Sections 7 read with Section 13(2) of the Prevention of Corruption Act, 1988.

(3.) The prosecution in support of its case examined Dr. J.C. Manda-PW.1, Darshan Singh-PW.2, Kuldip Singh-PW.3 and Bank Manager-Bhupinder Singh (PW.4) who was to provide the loan, D.S.P Tara Chand -PW.6 and several other witnesses in support of its case. Several documents were also tendered in evidence. The Appellant in his statement under Section 313 of the Code of Criminal Procedure denied the allegations and stated that he had in fact issued the certificate to the complainant on the 30th May, 1991 at 9.45 a.m. itself and then had gone to attend the monthly meeting of Officers at Faridkot and had returned at 3.30 p.m. whereafter Darshan Singh had met him and asked him for medicine for increasing the milk yield of his buffaloes, and had assured him that he would pay for the medicine after receiving it. He further stated that he had brought the medicine from Kotkapura on the 31st May, 1991 and the Rs. 100/- taken from Darshan Singh was the price of the medicine and it was this amount which had been recovered by the DSP in the course of the raid. He also asserted that the evidence of PW.2 could not be believed as he had tendered an affidavit dated 30th June 1991 disowning the prosecution case in toto. He further stated that the entire story put up by the prosecution was wrong as the time factor which was relevant to the case both on the 30th and 31st May, 1991 did not fit in with the circumstances. It was further pleaded that the prosecution story had been cooked up by the complainant in connivance with the other witnesses.