HARI RAM TIRUWA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal is preferred by the appellant under Sec. 374(2) Cr.P.C. and is directed against the judgment and order dtd. 13/4/2017 passed by the learned Special Judge (Prevention of Corruption Act)/ 1st Additional Sessions Judge, Nainital in Sessions Trial No.5 of 2011, State vs. Hari Ram Tiruwa, whereby, the accused/appellant has been convicted under Sec. 7 and 13(2) of Prevention of Corruption Act, 1988 and was sentenced to undergo five years simple imprisonment with fine of Rs.10,000.00 with default stipulation of one year simple imprisonment under Sec. 7 Prevention of Corruption Act and was sentenced to undergo five years simple imprisonment with fine of Rs.20,000.00 with default stipulation of one year simple imprisonment under Sec. 13(2) Prevention of Corruption Act. Both the sentences were directed to run concurrently and period already spent in jail in this case shall also be adjusted with the sentence imposed.

(2.) In brief the prosecution case is that the complainant (PW-5) wrote a letter to S.P. Vigilance, Haldwani stating that she is working as a contractual steno recruited through UPNL in Government P.G. College, Dwarahat, Almora and the principal of the said college is demanding a bribe of a mobile phone or Rs.10,000.00 in the alternative in lieu of letting her continue in the said job.

(3.) On the basis of above complaint, S.P. Vigilance R.P. Sharma (PW-4) by an order dtd. 7/3/2011 directed Inspector Harak Singh Firmal (PW-1) to conduct a preliminary investigation who in turn filed a report dtd. 8/3/2011 stating therein that prima facie it is a fit case for laying a trap. Thereafter, the S.P. Vigilance directed the Inspector (PW-1) to take necessary steps regarding the trap and also wrote a letter to S.D.M., Ranikhet requesting him to provide two independent witnesses who in turn named Puran Singh Supyal (PW-3), Revenue Inspector, Ranikhet and Kundan Bisht Patwari, Ranikhet as Government witnesses. Thereafter, the vigilance team on 10/3/2011 went to Spring Field Police Guest House along with the complainant and the independent witnesses and conducted a mock trial for laying the trap. They applied Sodium Carbonate Powder and Phenolphthalein Powder to the currency notes used for the trap. Thereafter, on 11/3/2011, they went to the area near principal's office and directed the complainant to hand him over the currency notes, on which the said chemical were applied at around 10.50 am, they caught the accused/appellant red handed while he was counting the currency notes. Thereafter, the currency notes were taken into custody and put into an envelope and the hand of the accused/appellant were washed, during washing the water turned pink colour because of the chemical, the sample of the pink liquid was seized and sealed.