BALBIR SINGH YADAV Vs. CBI

JUDGEMENT

(1.) A complaint was lodged by Naval Kishore, Ex. PW 2/B to the S.P., C.B.I. that there was a quarrel between his mother and the wife of one Baljit Singh which matter was reported to Police Post Mangla Puri, and due to the complaint he was taken to the police post by two constables, where A.S.I. Balbir Singh conducted the enquiry and the parties resolved the matter in writing amongst themselves. On 01.05.1991 at about 7.00 p.m. the Appellant, ASI Balbir Singh came to his house and demanded 2,000/- to get the matter settled. The Complainant pleaded that being a poor man he could not give this amount on which the Appellant threatened to put him behind the bars, if he did not pay 1,000/- as bribe by the next evening. The Appellant stated that he would come to his house in the evening on the next day to receive the bribe money. Since, the Complainant was against giving bribe, he requested action to be taken. On this complaint of PW2, a case was registered and trap was directed to be laid.

(2.) For laying the trap, two witnesses PW5 Ram Kishan and PW 7 Jai Raj were also associated after apprising them of the contents of the complaint. The Complainant produced a sum of 1,000/- in the form of 10 currency notes of 100/- denomination each. Numbers of these notes were noted in the memo Ex. PW2/C and thereafter phenolphthalein powder was applied to the said currency notes. The Complainant, PW5 and PW7 were explained the procedure and demonstrated the reactions on touching the tainted currency notes. It was specifically instructed that the bribe money be given by the Complainant only on the specific demand of the Appellant in the presence of shadow witness so that he can witness the incident and hear the conversation between him and the Appellant so that he can give a signal by scratching his head by both the hands to the raiding party.

(3.) The trap party reached the house of the Complainant at about 6:00 p.m. The Appellant came on time as fixed by him at about 7:00 p.m. The Complainant asked if he wanted a glass of water on which the Appellant demanded meat etc. The Complainant sent his younger brother to bring the same. With Ram Kishan PW5, the shadow witness and the Complainant was sitting on a cot at about 7:45 p.m., the Appellant demanded money which was given by the Complainant. The Appellant accepted the amount with his left hand and put the currency notes in the left pocket of his pant. PW 5 scratched his head on which the CBI Officers immediately came forward. The Appellant on seeing the trap disengaged himself and ran towards an open area and also threw the amount in a nearby plot while running. He was caught at some distance and from the open ground scattered notes were collected and seized. The hands of the Appellant were washed and both the hands turned pink. Then his left pocket was also washed which also turned pink. All these articles were seized and sealed. The Appellant was arrested and after completion of investigation, a charge sheet was filed. The Appellant was charged for offences punishable under Section 7 and 13(1)(d) punishable under Section 13(2) of the Prevention of Corruption Act, 1988 (in short "the PC Act"). After examination of the prosecution witnesses, the statement of the Appellant was recorded under Section 313 P.Code of Criminal ProcedureThe learned Special Court vide the impugned judgment convicted the Appellant for the offences charged and sentenced him to undergo rigorous imprisonment for a period of one year and to pay 500/- on each count and in default of payment of fine to further undergo simple imprisonment for a period of 15 days. Both the sentences were directed to run concurrently.