SAT PAUL Vs. DELHI ADMINISTRATION

JUDGEMENT

(1.) This appeal by special leave is directed against a judgment of the High Court of Delhi upholding the conviction and sentence of the appellant under Sec. 5 (2) read with Sec. 5 (1) (d) of the Prevention of Corruption Act and Section 161, Penal Code. The facts are these:

(2.) On 16-1-1970, Ramesh alias Kaka (PW 1), Mst. Maya (PW 2) and Jayna (PW 8) went to the Railway Station to receive one Mst. Mumtaz, who was expected from Bombay by 1.45 p.m. train. Finding them loitering there, a constable of the Railway police took them to the appellant at the Railway Police Post where he was posted as an Assistant Sub-Inspector. The appellant gave a beating to Ramesh and demanded an explanation as to why they had come to the Railway Station. Ramesh said that they had come to receive one Mst. Mumtaz, who was expected from Bombay by train at about 1.45 P.M.The appellant questioned if Mumtaz was being brought to Delhi for prostitution. Ramesh and his companions refuted the insinuation and informed the appellant that Mumtaz was a dancing girl and not a prostitute. The appellant then demanded a bribe of Rs. 100/- from Ramesh and party, warning that in the event of non-payment, they would be implicated in some case. Ramesh paid Rs. 30/- there and then to the appellant. The latter insisted that they would not be released unless they paid the balance of Rs. 70/-. On the suggestion of the women, the appellant detained Ramesh but let off the women with the direction to send the balance of Rs. 70/-. Mst. Maya and Mst. Jayna returned to their residence on G. B. Road and informed Dal Chand (PW 7) all about the incident. Mst. Maya then handed over Rs. 70/- to Dal Chand for securing the release of Ramesh. Dal Chand, instead, went to the office of the Anti-Corruption Police where Inspector Paras Nath recorded his statement, Ex. PW 3/A. The Inspector organized a raiding party. He summoned Surinder Nath (PW 3) and Sohan Pal Singh (PW 4), two clerks from the Sales-tax Office. The recorded statement of Dal Chand was then read out to Dal Chand, and was admitted to be correct by him in the presence and hearing of the panch witnesses. Dal Chand then produced seven currency notes of the denomination of its. 10/- each. The Inspector treated those notes with phenolphthalein powder. He demonstrated to the witnesses how the fingers of a person touching a note treated with such powder would turn violet when dipped in a solution of sodium carbonate. The treated notes were then returned to Dal Chand with the direction that he should hand over the same to the appellants.

(3.) After completing the investigation and securing the necessary sanction for prosecution of the appellant, he laid a charge-sheet against him in the Court of the Special Judge, Delhi.