KANWAR SINGH Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 21 st February 2008 passed by the learned Special Judge in CC No. 204/07 convicting the Appellant for the offence under Sections 7 and 13 (2) read with 13 (1) (d) of the Prevention of Corruption Act, 1988 (,,PC Act) and the order on sentence dated 22nd February 2008, whereby the Appellant has been sentenced to rigorous imprisonment (,,RI) for two years and a fine of Rs.2,000, and in default of payment of fine, to undergo RI for six months for the offence under Section 7 of the PC Act and sentenced to RI for three years and fine of Rs. 6,000, and in default, to undergo RI for a period of nine months for the offence under Section 13 (2) read with 13 (1) (d) of the PC Act. Both the sentences were directed to run concurrently.

(2.) THE case of the prosecution was that Ravi Kumar, s/o Raj Kumar (PW4) was admitted to Hindu Rao Hospital (,,HRH) on 2nd June 2001 with a history of assault by a sharp weapon. He remained admitted till 6th June 2001. In the medico legal certificate (,,MLC) of Ravi, the doctor gave an opinion that the injuries were ,,simple. PW4 decided to get a copy of the MLC for Court purposes.

(3.) PW 4 was not willing to pay the bribe amount. On 6th July 2001, he went to the Anti Corruption Branch (,,ACB) and lodged a complaint. It is stated that on that day, Inspector M.S. Sangha (PW7) was to perform his duty as a raid officer. A public servant Jag Ram Meena (PW3) was already present in the ACB as per the duty roster for being associated as an independent witness in the raid. PW7 recorded the complaint of PW -4 (Ex. PW3/A). PW3 signed the complaint to affirm that it had been made in his presence. PW4 produced two government currency (,,GC) notes of Rs. 100 each and six GC notes of Rs. 50 each before PW7 which recorded the numbers of these notes in the pre -raid report. PW7 then treated the GC notes with phenolphthalein powder and gave a demonstration by asking PW3 to touch the GC notes and dip his fingers in the colourless solution of sodium carbonate. When PW3 did so, the solution turned pink. The treated GC notes were handed over to PW4, which he kept in the left pocket of his shirt. PW7 instructed PW4 to have a conversation with the Appellant and enter into the transaction with him in the manner as could be heard and seen by PW3. PW7 directed PW3 to remain close to PW4 to hear the conversation and see the transaction and to give a signal by twice waving his hand over his head once the transaction was complete. All the persons joining the demonstration washed their hands. The pink colour solution of the demonstration was thrown away. All these proceedings were recorded in the pre -raid report (Ex.PW3/B).