RASHID PATWARI Vs. STATE OF J&K

JUDGEMENT

(1.) This appeal is directed against the judgment and order passed by the High Court of Jammu and Kashmir at Jammu in Criminal Appeal No. 15 of 1998, dated 31.01.2007. By the impugned judgment the High Court has confirmed the conviction as imposed by the Trial Court but modified the order of sentence. The facts in brief are that the complainant (PW-1), in connection with a land dispute, had approached the Appellant for issuance of a copy of Mutation. The Appellant, in turn, convinced PW-1 that a copy of the Jamabandi would be sufficient for his purposes and demanded the payment of a sum of Rs. 600/- in return for the issuance of the said Jamabandi. PW-1 agreed to pay a sum of Rs. 550/-. On 06.02.1995, PW-1 paid the Appellant a sum of Rs. 350/-. Thereafter, on 07.02.1995, PW-1 filed a written complaint before the Senior Superintendent of Police, Vigilance on the basis of which FIR No. 22/95 was registered with Police Station, Vigilance Organisation, Jammu.

(2.) A trap party was formed including two independent witnesses and pre-trap proceedings, including smearing two currency notes with phenolphthalein powder, were completed. The trap party then proceeded to Akhnoor and PW-1 and the shadow witness went into the Patwarkhana. PW-1 paid the remaining amount to the Appellant. On the shadow witness signal, the trap party entered the Patwarkhana and recovered the said amount from the Appellant. The hands and pant of the Appellant were washed with sodium carbonate solution and the sample was seized.

(3.) Subsequently, the investigation was completed and on sanction being received from the State Government the charge sheet was filed before the Trial Court. The charges were framed Under Section 5(2) of the Prevention of Corruption Act, 2006 (for short, "the Act") and Section 161 of the Ranbir Penal Code (for short, "the RPC") to which the Appellant pleaded not guilty. Consequently, the case was committed to trial.