CHANDER BHAN Vs. STATE CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) This appeal is directed against a judgment and order dated August 24, 1977 and August 31,1977 passed by a Special Judge, Tis Hazari, Delhi, whereby he found the appellant guilty under Section 161 of the Indian Penal Code and Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act, 1947 ( 'the Act' for short). The appellant was sentenced to undergo rigourous imprisonment for one year with a fine of Rs. 200.00 under Section 161 Indian Penal Code In case of default in payment of fine he was further directed to undergo rigourous imprisonment for a period of three months. Similarly he was sentenced to undergo rigourous imprisonment for one year with a fine of Rs. 200.00 under Section 5 (2) read with Section 5(1)(d) of the Act. In case of his failure to clear the fine he was further sentenced to undergo rigourous imprisonment for a period of three months. Both the sentences were to run concurrently. However, the sentences imposed in default of payment of fine were to run consecutively.

(2.) Brief facts which gave rise to the present appeal are as under: that one Shri Raghbir Singh resident of village Bindapur, Delhi, ( hereinafter referred to as the complainant for the sake of convenience) approached the convict/appellant ( hereinafter referred to as the appellant in order to facilitate the reference) for supply of a copy of the revenue record pertaining to his land situated at village Bindapur. The appellant demanded a sum of Rs. 100.00 from the complainant for the said purpose and told him that he should approach him over again on Monday i.e. 14th July, 1975 along with Rs.100.00. The complainant lodged a written complaint with the Superintendent of Police, CBI, New Delhi, with the abovesaid allegations. Consequently a regular case No. RC 34/75-SPE/CBI/Delhi Branch was registered. The said case after registration was entrusted to Public Witness 3, Dy.S.P.Chander Bhan, for the purposes of investigation. He secured the presence of two independent witnesses i.e. Shri Prabhati Lal (Public Witness 2) and Shri Baldev Raj (Public Witness 4) from the office of Directorate of Sugar and Vanaspati, Jamnagar House, New Delhi. A raiding party was formed by including the said persons in the said raiding party. The complainant (Public Witness 1) was introduced to the said witnesses who narrated the facts of the present case to them. He also produced ten currency notes of the denomination of Rs. 10.00 each to be given to the appellant by way of bribe on his demand. The currency notes were treated with phenolphthalein powder and a demonstration was given to the witnesses with regard to the working of the phenolphthalein powder. The above tainted currency notes of Rs. 10.00 each were handed back to the complainant with instructions to be passed on to the appellant when demanded by him by way of bribe. Shri Prabhati Lal (Public Witness 2), an independent witness, was deputed to act as a shadow witness in order to see and overhear whatever transpired in between the complainant and the appellant. After the completion of necessary formalities the raiding party reached village Palam at about 2.30 p.m. Shri Raghbir Singh Public Witness 1 and Shri Prabhati Lal Public Witness 2 left to contact the appellant at his office ( Patwarkhana). The appellant was found present at his office. The complainant asked the appellant as to whether he had prepared a copy of the extract from the revenue record pertaining to his land. The appellant asked for his fees. The complainant enquired of the appellant with regard to the amount to be paid whereupon the appellant told him that he would have to pay Rs. 100.00 for the copy of the relevant revenue record pertaining to his land. The complainant on hearing the same took out the ten currency notes from his pocket and gave them to the appellant who accepted the same and put them into the left side front pocket of his shirt which he was wearing. Thereafter the appellant started preparing the copy of the revenue record after looking into the same. Shri Prabhati Lal Public Witness 2 thereupon came outside the office of the appellant and informed the raiding party that the appellant had accepted the bribe of Rs. 100.00 from the complainant on demand. Public Witness 3 Chander Bhan, Dy.S.P. along with other members of the raiding party rushed to the office of the appellant and challenged him after disclosing his identity. The appellant was preparing copy of the revenue record pertaining to the land of the complainant at that time. After challenging, Public Witness 3 Dy.S.P. Chander Bhan caught hold of the appellant by both of his arms. The appellant got perplexed. On personal search of the appellant ten currency notes of Rs. 10.00 each were recovered from the left side front pocket of his shirt. The numbers of the said currency notes tallied with the currency notes menionted in the handing over memo prepared earlier.

(3.) The right as well as the left hand fingers of the appellant were got dipped into sodium carbonate solution which turned pink. The left side front pocket of the shirt on being washed with sodium carbonate solution also turned pink. A copy of an extract from the khasra girdawri in respect of the land of the complainant prepared by the appellant was also seized. The appellant was arrested and later on released on bail. The appellant has thus committed offences under Section 161 of the Indian Penal Code and Section 5(2) read with Section 5(1)(d) of the Act. Sanction to prosecute the appellant was obtained from the Deputy Commissioner, Delhi. After completion of all the formalities a charge sheet was filed against the appellant in the court of the Special Judge.