SATPAL SINGH Vs. STATE OF DELHI

JUDGEMENT

(1.) This appeal is directed against the judgement dated 29.11.2002 passed by the learned Special Judge, Delhi, in C.C. No.86/1999, convicting the appellant under Sections 7 and 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 (hereinafter to be referred as 'PC Act') and the order on sentence dated 30.11.2002 directing him to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.5,000/ -, on each count respectively. In default of payment of fine, he shall further undergo rigorous imprisonment for a period of four months.

(2.) The case of the prosecution is that appellant Satpal Singh, Head Constable in Delhi Police, Vigilance Branch, was functioning as a Reader to Mr.B.L.Bhardwaj, ACP/Vigilance, PHQ, who was conducting an enquiry into the allegations of acceptance of Rs.20,000/ - from one Ram Kumar (PW3), i.e., complainant of this case by one HC Suraj Bhan for getting PW3 employed in Delhi Police. As alleged, on 24.11.1995, the appellant told PW3 and his wife Saroj (PW7) to give him Rs.1,000/ - as bribe for getting the said enquiry decided otherwise the same would be decided against him. Accordingly, asked him to meet on 25.11.1995 with money and some documents in front of Richi Rich Hotel at Ring Road, Wazir Pur, Delhi, at 6.00 PM. As PW3 was not willing to give bribe to the appellant so, on 25.11.1995 at about 4.00 PM, he went to the office of Anti - Corruption Branch (for short 'ACB') and lodged his complaint Ex.PW2/A stating therein the afore -noted facts.

(3.) Thereafter, it was decided to lay a trap for the appellant. Accordingly, a trap team under supervision of Inspector Rajinder Singh Manku (PW4), panch witness R.C. Antil (PW2), complainant (PW3) and other officers was constituted. After completing all necessary formalities for trap, at about 5.00 PM, the trap team left for the spot, i.e., Richi Rich Restaurant, in an official vehicle and reached there at about 5.45 PM. Then, complainant and the panch witness R.C. Antil (PW2) were sent ahead to meet the appellant. Other members of the raiding team took their positions around that place. On noticing the pre -decided signal given by the panch witness, Inspector Rajinder Singh Manku (PW4) and other members of the raiding team rushed to the spot and after disclosing his identity, challenged the appellant that he had accepted Rs.500/ - as bribe from the complainant, which he was holding in his hand. On which the appellant became perplexed and threw the tainted notes on the ground.