PUNNI RAM Vs. STATE

JUDGEMENT

(1.) Criminal Appeal No.181/1993 seeks to challenge the Judgment and Order of the learned Special Judge In CC No.17/1987 whereby the learned Special Judge by his Order dated 29/10/1993 held the appellant guilty and convicted him under Section 161 Indian Penal Code and Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act, 1947 and further by a separate Order sentenced the appellant to undergo RI for one year with a fine of Rs.500.00 under Section 161 Indian Penal Code and In default of payment of fine to undergo further SI for 15 days; Lo undergo RI for one year with a fine of Rs.1,000.00 under Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act, 1947 and In default of payment of fine to undergo further SI for 30 days. Both the sentences were directed to run concurrently.

(2.) Brief facts of the case, as noted by the learned Special Judge, are that "On 30/7/1985 Kuldeep Verma s/o, late Shri Laxman Dass , r/o B-7, Extension 4, Safdarjang Enclave, New Delhi reported In the Anti-Corruption Branch, Delhi that In June, 1985 Mrs.Veera his wife had purchased a silk-saree from Shop No.39, Sarojini Nagar Market for a sum of Rs.250.00. Since that saree was not of silk, he and his wife had gone to return that saree along with the Purchase Receipt on 2/7/1985 and asked the shop-keeper to take back that saree but there was an exchange of harsh words. The shopkeeper & his servants man-handled Kuldeep Verma and he sustained Injuries. A.S.I. Punni Ram (accused) of P.S.Vinay Nagar, New Delhi at the Police Station threatened Kuldeep Verma that either he should compromise the matter with the shopkeeper, otherwise he would arrest Kuldeep Verma and his wife but Kuldeep Verma refused to compromise with the shopkeeper. On 3/7/1985 the accused (ASI Punnl Ram) called him to Police Station and told that shopkeeper was paying Rs.10,000.00 to him for making a case against Kuldeep Verma and as how much amount was Kuldeep Verma going to pay to avoid the case, but Kuldeep Verma did not agree. On 26/7/1985 the accused/ASI Punni Ram called him in the Police Station and told that a case had been registered under Section 325 Indian Penal Code against the shopkeeper etc. and demanded "Kharcha Paani". On being asked about "Kharcha Paani", the accused/ASI Punni Ram demanded Rs.1,000.00 as bribe and on showing helplessness to pay the amount by Kuldeep Verma, the accused agreed to accept Rs.500.00 at 6.00 P.M. at his residence on 30/7/85. Kuldeep Verma reluctantly agreed to pay Rs.500.00 as illegal gratification to the accused/ASI Punni Ram. This complaint was reduced into writing by Inspector O.P.Tewari (as Ex.P.w.7/A).

(3.) On the complaint (Ex.P.w.7/A) Inspector O.P.Tewari organised a raid associating S/Shri Shiv Dutt and Hoshiar Singh Dhaiya, L.D.Cs of the Directorate of Industries, Delhi Administration, as Panch witnesses and a trap was laid at the residence of the complainant Kuldeep Verma after observing legal formalities like reading over the complaint Ex.P.w.7/A to the Panch witnesses; giving of 5 currency notes of the denomination of Rs.100.00. each by the complainant, numbers of which were noted down correctly in the pro-raid report, and applying the phenolpathelien powder (hereinafter called P.Powder) to those currency notes; Thereafter right hand of Panch witness Shiv Dutt was touched with the tainted currency notes and demonstration was given by making a solution of Sodium Carbonate wherein the Vingers of Mr Shiv Dutt was dipped and the colour of the solution turned Into pink giving of Instructions to the complainant that the money should be given to the accused after the talk and within the hearing and presence of the Panch witnesses to remain close to the complainant In order to see the transaction and overhear the conversation between the complainant and the accused and further to give signal by rubbing his hand on his head, after the bribe money was passed on to the accused by the complainant. All these proceedings were reduced into writing as Ex.P.W.3/A.