VIJAY NARAIN Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the impugned judgment dated 19th July 2008 passed by the learned Special Judge, Tis Hazari Courts, Delhi in CC No. 144/07/01 in the case arising out of FIR No. 5 of 2001 registered at Police Station (PS) Anti -Corruption Branch ("ACB") convicting the Appellant, Vijay Narain, for the offence under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 ("PC Act") and also against the impugned order on sentence dated 25th July 2008 sentencing the Appellant to undergo rigorous imprisonment ("RI") for one year and with fine of Rs. 2,000 and in default to further undergo simple imprisonment ("SI") for two months for the offence under Section 7 PC Act. The Appellant had further been sentenced to undergo RI for 1 -1/2 years and fine of Rs. 3,000 and in default to further undergo SI for three months for the offence under Section 13(1)(d) read with Section 13(2) PC Act. Both the sentences were directed to run concurrently.

(2.) THIS Court by an order dated 20th August 2008 suspended the sentence of the Appellant during the pendency of the present appeal.

(3.) PW -4 then went to ACB and made a complaint which was exhibited as PW -4/A. PW -4 produced five Government Currency ("GC") notes of Rs. 100 each amounting to Rs. 500 to the Raid Officer ("RO") Inspector Veer Singh Tyagi (PW -9), who recorded the serial numbers of the said GC notes in the pre -raid report (Ex. PW -4/B). PW -9 treated the GC notes with phenolphthalein powder and gave a demonstration to PW -4 in the presence of panch witness PW -6. PW -6 was instructed to remain close to PW -4 to overhear and observe the transaction between PW -4 and the Appellant and to give a signal to the raiding party by moving his hand on his head.