DARSHAN LAL Vs. STATE (CBI)

JUDGEMENT

(1.) The present appeal is directed against the judgment 30.01.2001 and order on sentence dated 31.01.2001 passed by the learned Special Judge, Tis Hazari in Criminal Case No.127/99, RC No.83- A/95. The appellant was convicted to Rigorous Imprisonment (hereinafter referred to as, "R.I.") for a period of two years and a fine of Rs. 10,000/- under Section 7 of the Prevention of Corruption Act, 1988. In default of the payment of fine, the appellant was to undergo RI for a period of six months. The appellant was also convicted under section 13(1)(d) read with section 13(2) of the Prevention of Corruption Act, 1988 for a period of three years and a fine of Rs. 10,000/-. In default of the payment of fine, the appellant was to undergo RI for a period of six months. Both the sentences were to run concurrently, and the period of detention if any undergone by the appellant, was to be deducted.

(2.) The facts of the case as noticed by the learned Special Judge are that a case was registered on the basis of a written complaint of one Sh. Bankey Lal Chauhan regarding demand of Rs.1000/- as bribe by Sh.Darshan Lal ASI, Police Station Vinay Nagar, Delhi, for releasing his cousin, Pawan Kumar and his friend Vikram, otherwise they would be falsely implicated in a case. Sh.Darshan Lal, directed the complainant to come to Police Station Vinay Nagar after 5:00 p.m. On 21.9.1995 while demanding bribe, Darshan Lal had threatened to plant a knife and to send them to jail, if demand was not fulfilled. Since Bankey Lal Chauhan was not willing to pay the bribe, he on 21.9.1995 lodged a complaint to the SP, CBI/ACB, Delhi, on the basis of which a case was registered and one A.G.L. Kaul Inspector was deputed for laying trap. On 21.9.1995, Inspector Kaul arranged for the presence of two independent witnesses and completed the pre-trap formalities. The pre-trap formalities were completed in the presence of two witnesses namely, Mrs.Kiran Saxena, Assistant Director and Mrs.Urmila Malhotra, Dy. Director, Central Translation Bureau. The complainant produced a sum of Rs.1000/- as trap money, which was treated with phenolphthalein powder and practical demonstration regarding the reaction of phenolphthalein powder with Sodium carbonate solution was also given and explained to all members of the raiding party. The tainted amount of Rs.1000/- was kept in the pocket of the shirt of the complainant and he was instructed to handover the same to Mr.Darshan Lal, ASI only on his specific demand and not otherwise. Mrs.Saxena was asked to act as a shadow witness, in order to overhear the conversation between the appellant and the complainant and to see the transaction of the tainted money. She was also directed to give a pre-arranged signal on completion of the transaction, to the members of the trap party.

(3.) The trap party left CBI office at 6:00 p.m. and reached near Police Station Sarojini Nagar at about 6:25 p.m. The complainant and shadow witnesses were directed to proceed to the premises of the police station. At about 6:35 p.m. both of them came out and the shadow witness informed that Sh.Darshan Lal had told them to come after half an hour. At 7:15 p.m. both of them again went inside the Police Station and after some time came out and informed that Sh. Darshan Lal was not present at his seat. Again at 7:50 p.m. the complainant and shadow witness went inside the Police Station. At about 8:05 p.m., the pre-arranged signal was received from the shadow witness. The members of the trap party on getting the signal, rushed into the room no.1 of Police Station Sarojini Nagar. Sh.Darshan Lal was challenged and caught. The complainant and shadow witness confirmed regarding the demand and acceptance of bribe by the appellant and keeping the same in the backside pocket of his pants. S.I. Vipin Kumar on the direction of Inspector Kaul recovered the bribed money of Rs.1000/- from the back pocket of trousers of the appellant. The number of G.C. notes so recovered tallied with the numbers mentioned in the handing over memo. The right hand fingers and back pants pocket of Darshan Lal were washed in two separate freshly prepared solutions of Sodium Carbonate which turned pink in colour and the same were kept in two separate bottles and sealed and signed by the witnesses. During the course of investigation, the sealed bottles containing hand wash and pants pocket wash were sent to the CFSL for chemical examination and as per the report of the Chemical Examiner, the washes gave positive result confirming the presence of phenolphthalein powder and Sodium Carbonate in the solutions. Accordingly appellant was charge-sheeted for the offence punishable under section 7 and 13 (2) read with section 13(1) (d) of the Prevention of Corruption Act, 1988.