VARUN DAVE Vs. STATE

JUDGEMENT

(1.) The present appeal has been filed by the appellant aggrieved by the judgment of conviction dated 15th Nov., 2003 convicting the appellant finding him guilty under Sections 7 & 13 (1)(d) of the Prevention of Corruption Act, 1988 (hereinafter referred to as "PC Act, 1988" for brevity) and order on sentence dated 19th Nov., 2003 vide which the sentence was passed against the appellant to undergo rigorous imprisonment for a period of one year and also to pay fine of Rs.3,000.00, in default further RI for three months on each count for his conviction under Sections 7 & 13(1)(d) of the PC Act, 1988. The substantive sentence of imprisonment on both counts were ordered to run concurrently.

(2.) The facts in brief are that a complaint was received by the Anti-Corruption Branch from the complainant Pawan Kumar to the effect that the appellant Varun Dave, while working as Inspector in the Food Supplies and Consumer Affairs Department, Delhi Administration, demanded bribe of Rs.1,500.00 for the purpose of granting food grain licence to him with further word of caution that in case of non-payment of the said amount of bribe, the application of the complainant would be cancelled. Inspector M.S. Sangha posted in Anti-Corruption Branch along with one government servant as panch witness, laid a trap for apprehending the accused red handed at the time of accepting the bribe. The investigating officer and the complainant took three notes of the denomination of Rs.500.00 each and explained it to the panch witness with regard to the manner in which the same were to be given to the accused. The said currency notes were treated with phenolphthalein powder and the complainant and panch witness were explained that if a person would touch those notes treated with phenolphthalein powder and the finger of such person was dipped in colourless solution of sodium carbonate, that solution would turn pink. A practical demonstration of the same was given by raiding officer and thereafter the notes were returned to the complainant for the purpose of giving the same as bribe to the accused. Thereafter, the complainant along with the investigating officer and panch witness reached the pre-fixed place by the accused i.e. Food & Supply office, Vikas Bhawan when the complainant requested the accused to do his work whereupon the accused told him that fee would be required. The accused did not specify the amount of fee and told the complainant that he had already informed the amount. The complainant, thereafter, gave the said three currency notes to the accused who accepted the same with his right hand and without counting them, kept the same in his front left side shirt pocket upon which the panch witness gave a pre-arranged signal to the raiding party. Inspector M.S. Sangha and others rushed inside and the complainant and panch witness informed the accused that he had accepted bribe of Rs.1,500.00 from the complainant. Before conducting the search of the accused, the said raiding officer then disclosed his identity and offered his own search to the accused. Inspt. M.S. Sangha, the raiding officer then recovered the currency notes treated with phenolphthalein which upon comparison, were tallied with the numbers already mentioned in pre-raid proceedings. Thereafter, solution of sodium carbonate was prepared at the spot and washes of the hands of the accused as well as his shirt pocket were taken into the solution which turned pink. The solution was then poured into four different bottles and sealed. The bribe money was recovered and seized by the raiding officer; post raid report was prepared at the spot and the ruqqa was sent to anti-corruption branch through a constable for the purpose of registration of FIR. It emerges from the record that charges under Sections 7/13(1)(d) of the Prevention of Corruption Act, 1988 were framed against the accused to which he pleaded not guilty and claimed trial.

(3.) The appellant was held guilty by the learned Special Judge, Delhi and by an order dated 15th Nov., 2003, sentenced to undergo rigorous imprisonment for a period of one year and also to pay fine of Rs.3,000.00, in default further RI for three months on each count for his conviction under Sections 7 & 13(1)(d) of the PC Act, 1988, the present appeal has been filed. The substantive sentence of imprisonment on both counts were ordered to run concurrently.