KHUSHI RAM Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgement and order dated 30th October, 1979 passed by Shri V.S.Aggarwal, Special Judge, Delhi whereby he found the accused/apppellant (hereinafter referred to as appellant for the sake of brevity) guilty of an offence under Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act and sentenced him to undergo two years rigorous imprisonment with a fine of Rs.100.00 under Section 161 of the Indian Penal Code. It was further ordered that in case of default of payment of fine the appellant would undergo rigorous imprisonment for one month. He was further sentenced to undergo rigorous imprisonment for a period of two years under Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act with a fine of Rs.100.00 . On his failure to clear the fine he was ordered to undergo rigorous imprisonment for one month. Both the abovesaid sentences were to run concurrently.

(2.) The case of the prosecution as adumbrated in the complaint dated 16th November, 1977 is as under: that Shri Tarif Singh (hereinafter referred to as complainant for the sake of brevity) came to the Anti Corruption Branch and contacted on 16th November, 1977 Inspector Roop Chand over there. He got his statement recorded vide Ex.P.W.11/A. He stated therein that he was working as a Jr.Engineer and posted at Karol Bagh Zone, Municipal Corporation of Delhi. Shri R.S.Chauhan is the Zonal Engineer. He is incharge of the Building Department. Shri R.S.Chauhan has been pressing him to collect money from those persons who were raising unauthorised construction in the aforesaid area. On his refusal to do so he started harassing the complainant. The appellant is an office incharge. He in collusion with Shri R.S. Chauhan, Zonal Engineer, who harassed the complainant. He was so much harassed that he was not allowed to withdraw even his salary in the month of September and October, 1977. Moreover, in order to pressurize him further all work was withdrawan from him with effect from 4th November, 1977 onwards. The complainant was frequently called to explain his conduct. Consequently the complainant approached Shri Chauhan as well as the complainant. On 15th November, 1977 at 5.00 P.M. Shri R.S.Chauhan demanded a sum of Rs.1,500.00 from the complainant. The appellant asked the complainant to grease the palm of Shri Chauhan in order to put an end to his problems in future. The appellant further told the complainant that out of the aforesaid amount of Rs.1,500.00 Rs.1,000.00 will be paid to Shri Chauhan and Rs.500.00 would fall to his share. It was further agreed upon that the money should be paid at noon time on 16th Novembr, 1977. The appellant further told the complainant that if per chance he was not available in that eventuality the payment should be made to Shri Chauhan. The statement after having been written was read over to the complainant who found the same correct and signed the same in token of its correctness. Shri J.N.Malhotra and Shri S.N.Govila Public Witness s.8 and 9 were summoned to act as shadow witnesses. The complainant produced 15 currency notes of Rs.100.00 each. The same were treated with phenol patheline powder. The currency notes were thereafter returned to the complainant. The complainant was instructed that he was to pass on the said currency notes to the appellant after having talks with him and on his demand. The shadow witnesses were instructed to hear the conversation and to be near the complainant and to watch the transaction. Further instructions were issued that after having witnessed the said transaction they should give a signal by rubbing their hands on their heads. The raiding party was thereafter organised. It left from the Anti Corruption Branch at 4.00 P.M. and arrived near Tibia College by a government vehicle. The complainant went inside the office to call the appellant outside to a juice shop. The shadow witnesses were asked to reach the juice shop as soon as the complainant came out with any person. Accordingly the complainant went inside. He met over there only the appellant as Shri Chauhan was not available. Complainant told the appellant that he had brought a sum of Rs.1,500.00 as agreed upon and he should come out to accept the same. Accordingly the appellant came out along with the complainant to the juice shop. Both the shadow witnesses also reached there. The complainant told the appellant that he was proceeding on leave and he should not be harassed, rather he should be helped. The complainant thereafter took out Rs.1,500.00 from the pocket of his shirt and handed over the said amount to the appellant. He accepted the same in his right hand and then told him not to worry. Immediately the shadow witnesses gave the required signal whereupon Inspector Roop Chand and other members of the raiding party reached there. Inspector Roop Chand disclosed his identity and accosted the appellant as to whether he had accepted Rs.1,500.00 by way of bribe. The appellant kept quiet. The appellant tried to free his right hand from Inspector Roop Chand and threw down the currency notes on the ground. Inspector Roop Chand picked up the said notes and tallied their numbers with the numbers mentioned in the raid report Ex.P.W.8/A. The said currency notes (Ex.P-1 TO Ex.P-15) were seized vide Ex.P.W.8/B. Right hand of the appellant was washed with a solution of Sodium Carbonate which turned pink. The right hand wash was transferred into a bottle Ex.P-16. It was sealed and labelled vide Ex.P.W.8/C. The report vide Ex.P.W.12/B was sent to the police station for registration of a formal FIR. The hand wash was sent to the Central Forensic Scientific Laboratory for analysis. After obtaining the result of the scientific test a sanaction was obtained under Section 16 of the Prevention of Corruption Act and the challan was filed.

(3.) The defence as set set up by the appellant in his statement under Secstion 313 of the Code of Criminal Procedure is that he is an innocent person. He has been falsely implicated in the present case. He never demanded any money from the complainant. The fact is that one Charan Singh is the real brother of the complainant. He was working as a Jr.Engineer in September, 1974 at Rajouri Garden. The appellant was working over there as office incharge, Building. The appellant made certain adverse notes against the said Charan Singh. On the complaint of the appellant the said Charan Singh was transferred from that zone and since then he is under suspension. Thus the complainant bore an illwill and grudge against the appellant. The complainant is a thoroughly corrupt and inefficient official. Consequently his explanations were called. He has to deal with the said explanations in his official capacity. He thereby incurred the displeasure of the complainant. Since the complainant was thoroughly inefficient and corrupt the work was withdrawan from him. On the date of the occurrence he came out after the office hours and met one Mohinder Singh, Jr.Engineer. The complainant offered the appellant a glass of juice. The complainant at that time placed a bundle of currency notes in his right hand whereupon he withdrew his hand having found the same currency notes. As a result of which they fell down.