AMAN BHATIA Vs. STATE (GNCT OF DELHI)

JUDGEMENT

(1.) Leave granted.

(2.) This appeal arises from the judgment and order passed by the High Court of Delhi in Criminal Appeal No. 348 of 2013 ("impugned judgment") by which the High Court dismissed the appeal filed by the appellant herein and thereby affirmed the judgment and order dtd. 30/1/2013 passed by the Special Judge in Complaint Case No. 11 of 2009 holding the appellant herein guilty of the offence under Ss. 7 and 13(1)(d) read with Sec. 13(2) of the Prevention of Corruption Act, 1988 respectively (for short, "the PC Act").

(3.) As per the case of the prosecution, on 9/12/2003, the complainant went to the Office of the Sub-Registrar, Janakpuri, Delhi to purchase a stamp paper of Rs.10.00. The appellant, a licensed stamp vendor, made a demand of Rs.12.00 for a stamp paper of Rs.10.00. Against the excess demand of Rs.2.00, the complainant lodged a written complaint with the Anti-Corruption Branch (for short, "ACB"). Pursuant to the said complaint, a trap was laid by the ACB. The complainant was handed over one GC note of Rs.10.00 and one GC note of Rs.2.00, smeared with phenolphthalein powder, by the Raid Officer. The complainant alongwith the raiding party left for the Office of the Sub-Registrar, Janakpuri, Delhi. After reaching there, when the complainant asked for a stamp paper of Rs.10.00, the appellant again made a demand of Rs.12.00. The complainant gave the smeared GC notes to the appellant who accepted them with his right hand. At the signal of the panch witness, the raiding party arrived at the spot. The appellant was apprehended. The wash of his hand turned the solution of sodium carbonate pink and the notes were allegedly recovered from the register kept for maintaining the records of the stamp papers.