SHAKUNTLA CHAUHAN Vs. STATE

JUDGEMENT

(1.) THESE two appeals are directed against the impugned judgment dated 24th January 2008 passed by the Special Judge in Complaint Case No. 39/2000, convicting the appellants for the offences under Sections 7 and 13(1)(d) read with Section 13(2) of Prevention of Corruption Act, 1988 (PC Act) as well as the order on sentence dated 25th January 2008, sentencing each of them to undergo rigorous imprisonment (RI) for a period of two years along with fine of Rs.2500/ - each and in default to undergo simple imprisonment (SI) for one month for each of the offences under Sections 7 and 13(1)(d) read with Section 13(2)of the PC Act. Both the sentences were directed to run concurrently.

(2.) THE case of the prosecution is that the complainant Vidyanand Prakash (PW -8) was in the business of selling small silver ornaments at a counter in front of his House No. 80 -A,Village Munirka, New Delhi. On 15th September 1999, he took his daughter to the hospital for medical check up. On returning his wife Sushila (PW -7) informed him that Sub -Inspector Shakuntla Chauhan (accused no.1) [A -1] and Constable Atma Ram (accused no. 2) [A -2] from Police Station (PS) Vasant Vihar had come to their house and taken away their son Amit. PW -8 and PW -7 immediately went to PS Vasant Vihar and met A -1 and A -2. A -1 and A -2 told PW -8 that he had bought a stolen ring which he denied. A -1 then instructed A -2 to make PW -8 understand. A -2 took him aside and told him that A -1 was demanding a bribe of Rs.10,000 and a gold ring of 9 grams for releasing Amit from custody. PW -8 expressed his inability to pay the bribe amount or give a gold ring. Thereafter, A -2 repeated the demand in the presence of A -1. Both A -1 and A -2 conversed for some time and then A -2 told PW -8 that A -1 had agreed to accept Rs.5,000 and one gold ring. PW -8, under duress and compulsion agreed to give Rs.5,000.

(3.) PW -8 then stated that on 16th September 1999, i.e. the following day, A -2 again came to his house and demanded another Rs.4,000 as bribe and stated that he would be coming on 17th September to collect it. As PW -8 was against giving of any further bribe he went to the Anti -Corruption Branch (ACB), where Niranjan Singh (PW -13) was on duty. PW -13 recorded the statement of PW -8 (Ex. PW8/A) in the presence of the panch witness Shiv Kumar (PW -9) LDC, Deen Dayal Upadhyay Hospital, New Delhi. PW -8 produced eight government currency (GC) notes of Rs.500 each before PW -13, who noted down their serial numbers in the pre -raid report (Ex. PW -8/B). Thereafter, PW -13 applied phenolphthalein powder on the GC notes and gave a demonstration. He then handed over the treated GC notes to PW -8 which PW -8 kept in the front side pocket of his shirt. Instructions were given to PW -9 to stay close to PW -8 and give a signal when the bribe money was handed over to the accused.