NARINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 12th May, 2009 passed by the High Court of Punjab and Haryana in Criminal Appeal No. 104-DBA of 1997. The facts in brief are that on 30th September, 1991, Mohinder Singh, complainant (PW-2) along with Waryam Singh (PW-3) and a shadow witness had approached the Appellant for obtaining a copy of a report that had been submitted to the Naib Tehsildar. The Appellant was working in the office of the Naib Tehsildar as a miscellaneous clerk and the allegation is that he demanded a bribe of Rs. 150/- for obliging Mohinder Singh and Waryam Singh.

(2.) Since the Appellant made repeated demands, Mohinder Singh, complainant agreed to pay him an amount of Rs. 100/- which, according to the complainant, was agreed to be accepted by the Appellant.

(3.) A complaint was made to the Police Vigilance and a trap was set up and on 30th September, 1991, Mohinder Singh and Waryam Singh went to give the bribe to the Appellant. When the bribe was allegedly accepted, the Vigilance party conducted a raid and seized the currency notes of the amount of Rs. 100/-, which had been treated with some chemical. When the hands of the Appellant were washed, the solution turned pink thereby indicating that the Appellant had made contact with the currency notes which were handed over to him as a bribe.