VIJAY KUMAR CHADHA Vs. CBI

JUDGEMENT

(1.) Both these appeals arise out of the common judgment dated 4th February, 2002 and the order dated 5th February, 2002 of learned Special Judge, Sh.R.K. Gauba, in Corruption Case no. 34 of 1993. Both the appellants/accused were convicted vide impugned judgment under Section 120-B of the Indian Penal Code (hereinafter, for short IPC?) read with Section 7 & 13 (2) of the Prevention of Corruption Act (hereinafter, for short the Act?). They both were sentenced to RI of four years with fine of 500/- each under Section 120-B IPC read with Section 7 & 13 (2) of the Act. The substantive sentences awarded were to run concurrently. In default of payment of fine, the accused were to undergo further RI of three months on each count. Both these appeals were heard analogously and are being disposed by common judgment.

(2.) Both the accused were employees of Municipal Corporation of Delhi (MCD). Accused Vijay Kumar Chadha (for short VKC?) was posted as Junior Engineer whereas accused Daljeet Singh (for short DS?) as peon at the material time in the building department of South Zone of MCD, Delhi.

(3.) The prosecution case as gathered from the records is that one house in Tughlakabad falling in South Zone and owned by Smt.Hardev Batra (the mother-in-law of the complainant PW1 and also the mother of PW2), was under some construction/repairs. Both the accused were allegedly harassing the complainant and also PW2. On one visit, accused DS came along with labourers and took away the tools of the plumber from there. While leaving he also left a word for the owner of the family to meet accused VKC in the MCD office at Green Park. Both, complainant PW1 and his brother-in-law, Naveen Kumar (PW2) called on the accused in their office where both demanded a sum of 10,000/- for allowing construction/repairs in the said property. The demand was later reduced to 7,000/-on PW1 and PW2 expressing inability to arrange 10,000/-. The accused instructed PW1 to come with the money in the office before noon on 17th November, 1992. Complainant PW1, instead, approached CBI office and made a complaint (Ex.PW1/A) seeking necessary action. The matter was registered and directed to be investigated by S.K. Peshin (PW9), who was also the Trap Laying Officer. As instructed, PW1 came along with the bribe money worth 5,000/- which he brought in the shape of 100 currency notes of 50 denomination. Trap party was constituted, in which Mahesh Chand Pathak (PW4), a parcel Clerk of Northern Railway and Jagdeesh Prasad (PW5), Head Postman, Lodhi Road, were requisitioned for the purpose. They were introduced to the complainant (PW1) and other members of the trap party. The numbers of currency notes brought by complainant (PW1) were noted down. The notes were given usual phenolphthalein powder treatment. The practical demonstration about the manner in which powder was used and to react was given. Tainted currency notes were returned back to the complainant with a direction to pass it to the accused only on specific demand. PW4 Mr.Pathak was directed to be shadow witness and to remain nearby to see the transaction and overhear the conversation and give signal by scratching over his head. The pre-trap proceedings were reduced into writing in the handing over memo (Ex.PW1/B). Trap party reached the MCD office. PW1 accompanied by PW4 went to the office room of the accused VKC where they met accused DS, who allegedly demanded the settled amount, but on PW1?s explaining that he has brought only 5,000/-, accused DS asked him to wait for the accused VKC, who was not available at that time. Both PW1 and PW4 waited for him near the office gate while other members of the trap team waited nearby. Accused VKC came at about 12.05 PM. PW1 met him and followed him to his office room at the first floor along with PW4. Accused DS also followed all of them to the same room and informed the accused VKC about the reduced amount brought by PW1. At this, PW1 assured accused VKC that he would arrange the balance amount by the following day, on which VKC asked DS to receive the amount brought by him. Accused DS accepted the tainted notes worth 5,000/- from PW1 with his right hand, counted them with the help of left hand and kept them in the right side pocket of his pant. At this stage, PW4 gave the predetermined signal, whereupon other members of raiding party arrived and caught hold of both the accused by their wrists. The tainted notes were recovered from the right side pocket of pant of accused DS PW5 counted and compared the numbers of notes with the numbers noted in the handing over memo Ex.PW1/B and found them tallying. Thereafter, the wash of fingers of both the hands of accused DS and right side pocket of his pant were taken separately which in the process turned pink in the sodium carbonate solution. Three washes were separately sealed in different bottles. The amount of 5,000/- and the trouser of accused DS were taken into possession. All these proceedings were reduced into writing in recovery memo, Ex.PW2/C. Both the accused were arrested. On interrogation, it was revealed that plumbing tools seized by them on the previous day from the house under construction were lying in a hired truck standing in front of the MCD office. They were recovered from the said truck and later on released to the complainant PW1. The three wash bottles were sent for analysis to CFSL. The analysis report confirmed the presence of phenolphthalein powder in sodium carbonate. After obtaining the required sanction of the competent authority [Shri Pradeep Singh, (PW3)], the accused were sent for prosecution.