RAJ BAHADUR SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The present criminal appeal is directed against the final judgment and order dtd. 13/4/2012 passed by the High Court of Uttarakhand at Nainital in Criminal Appeal No. 40 of 2006. By the impugned judgment and order High Court dismissed the appeal filed by the appellant and sustained the order of conviction and sentence passed by the Trial Court to undergo R.I. for one year and pay a fine of Rs.1,000.00, and in default of payment of fine, to further undergo S.I. for 15 days under Sec. 7 of the Prevention of Corruption Act, 1988 [hereinafter referred to as 'P.C. Act'], and to undergo R.I. for two years and pay a fine of Rs.2,000.00, and in default of payment of fine, to further undergo S.I. for 30 days for the offence under Sec. 13(2) of P.C. Act.

(2.) The factual matrix of the case is that the accused appellant, Raj Bahadur Singh [hereinafter referred to as 'appellant/accused'], was serving as a Constable in the Excise Department in District Udham Singh Nagar, Uttarakhand. The complainant, Kashmir Singh (PW1) [hereinafter referred to as 'complainant'], was allegedly involved in the business of manufacturing contraband liquor and had been challenged by the Excise party on three previous occasions. On fourth occasion i.e. on 16/6/1990, during a raid on the complainant's village, complicity of the complainant in the said crime was also noticed. It is alleged that the complainant was asked to sign some papers by the appellant and was threatened that if Rs.500.00 of illegal gratification was not given then Challan would be forwarded to the competent Court. The appellant further claimed he had already prepared a "temporary bail" bond for the complainant, which would only be honored upon payment. Complainant feeling constrained by persistent threats at the hands of appellant agreed to pay Rs.500.00.

(3.) However, on 18/6/1990 the complainant filed a complaint with the Superintendent of Police (Vigilance) who thereafter marked an endorsement and ordered the Inspector to organise the trap. Accordingly, a trap was organized at a restaurant in Khatima and as a prelude to trap, complainant handed over five currency notes of denomination of Rs.100.00 each to Inspector Mahender Pal Singh who tainted these currency notes with "Phenolphthalein Powder" in the presence of 2 independent witnesses. On 19/6/1990 around 11:00 a.m. trap party which included police team along with 2 independent witnesses Sree Jeet Singh/PW- 2 & Sree Bhagwan Singh went inside the restaurant and in presence of complainant recovered five currency notes of denomination of Rs.100.00 from the appellant. Appellant's hands were then soaked in Sodium Carbonate solution, which turned pinkish, confirming the presence of phenolphthalein powder. Memo of action taken on the spot was prepared and the appellant was taken into judicial custody.