VIJAY KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Accused-appellant Vijay Kumar (herein referred as 'the appellant') was allegedly trapped while receiving a sum of Rs. 6,000/- on account of illegal gratification from the complainant-Gurdip Singh (herein referred as 'the complainant') and was prosecuted for the offence punishable under Section 7 read with Section 13(2) of the Prevention of Corruption Act, 1988 (herein referred as 'the Act') and sentenced to undergo rigorous imprisonment for one year under Section 7 of the Act and rigorous imprisonment for two years and to pay fine of Rs. 1,000/- under Section 13(2) of the Act.

(2.) The complainant is running a business of property dealing in the name and style of M/s Deep Friends Estate Agent bearing property No. 2185, Booth No. 5, Phase VII, Focal Point, Dhandari Kalan, Ludhiana for which he had received a house tax bill worth Rs. 14580/- payable to the Municipal Corporation, Ludhiana. However, he had sought re-assessment of the municipal tax by filing objection petition. Narinder Pal Singh co-accused (since acquitted in the case) was the Building Inspector (house Tax Inspector) and the accused was the Senior Clerk (Tax Collector). They had come to re-survey the property in the month of February and informed the complainant that the bill regarding the amount of house tax issued to him was in excess and the same could be reduced to Rs. 4000/- per annum in future provided he pays a sum of Rs. 6000/- on account of illegal gratification, but, the complainant did not agree to pay the same. He again received the bill for the same property for the year 1996-97. On 18.3.1997, at about 9.30 a.m. both Narinder Pal Singh and Vijay Kumar came to his shop and told that if he does not pay a sum of Rs. 6000/- by the evening, then he would have to pay full amount of Rs. 14580/-. Since the complainant was reluctant to pay the said amount, therefore, he contacted the Vigilance Bureau Ludhiana. Babu Singh DSP after recording the statement Ex.PA received a sum of Rs. 6000/- (12 notes of the denomination of Rs. 500/- each) from the complainant and treated them with phenolphthalein powder and noted the numbers of the currency notes in the memo Ex.PB. The said treated currency notes were handed over to the complainant after making his thorough search and assuring himself that he had no other currency notes with him and directed him to pay the same to the accused. Raminder Kumar PW was appointed as a shadow witness. He also gave demonstration to the complainant with regard to colouring of the currency notes as well as dipping of the same into the solution. Thereafter, he sent ruqa to the police station on the basis of which FIR Ex.PA/3 was recorded by Inspector Visakha Singh.

(3.) Before setting for the office of the complainant, he got washed the hands of the members of the police party as well as the witnesses. On the way, he joined Amar Singh Junior Engineer, P.S.E.B. Unit No. 1 as a recovery witness. After reaching the office of the accused, the complainant as well as the shadow witnesses were dropped and they stood at some distance at different places. After making payment on demand by the accused, Raminder Kumar signalled the police party. At this, DSP Babu Singh along with other police officers arrived and asked Narinder Pal Singh that he had received a sum of Rs. 6000/- as bribe money from the complainant. On search of the accused, Rs. 6000/- were recovered from the right pocket of his pant. Number of the 12 currency notes of the denomination of Rs. 500/- each so recovered from the accused, on comparison were found tallied with the memo Ex.PB. The said amount was taken into possession in the presence of Raminder Kumar, Amar Singh and the complainant. After completing all the formalities, recording statements of the witnesses and on completion of the investigation challan against the accused was presented in the court.