SUCHA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The accused-appellant Head Constable Sucha Singh was slapped with sentence of 6 months and to pay a fine of Rs. 1,000/- for the offence under Section 7 of the Prevention of Corruption Act and to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 2,000/- for the offence under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, (herein referred as 'the Act') for allegedly receiving illegal gratification to the tune of Rs. 200/- vide judgment dated 24.01.2005, passed by Special Judge, Patiala.

(2.) Though, Mukesh Taneja-complainant (herein referred as 'the complainant') was not trusted by the prosecution qua some aspects of the case and he was declared hostile; the official witness i.e. PW5 Gurjit Singh and PW2 Dr. Jagmohan Singh did not support the prosecution case on material aspects and PW10 DSP Banarsi Dass, Investigating Officer, was found to be inimical against the accused yet the accused had to face the conviction.

(3.) Factual background of the case is that accused Sucha Singh was working as Mohrir Head Constable at Police Station Kasturba. The complainant had lost his driving licence, therefore, on 07.01.2003, he had gone to lodge the DDR in this regard but the accused told him to bring the affidavit on a stamp paper and he went with the same on 11.01.2003. Accordingly, the accused recorded the DDR. Consequently, the complainant asked him to deliver a copy of the DDR but the accused demanded a sum of Rs. 500/- for doing the needful. Since the complainant was not having ready money, therefore, he returned. On 15.06.2003, he met his friend Gurjit Singh with whose intervention, the amount was settled at Rs. 200/-. Since the complainant did not want to pay the gratification, therefore, on 16.01.2003, he met the DSP Banarsi Dass in the office of Vigilance Bureau, Patiala, and got recorded his statement Ex.PW4/A against the accused. He handed over two currency notes of the denomination of Rs. 100/- each to DSP Banarsi Dass, who treated the same with phenolphthalein powder and then handed over the same to the complainant, after recording the number of the said currency notes vide memo Ex.PB. He had further directed the complainant to pay currency notes to the accused on demand. Gurjit Singh was deputed to act as shadow witness whereas Dr. Jagmohan Singh, Veterinary Hospital, Patiala and Dilbag Rai, Cattle Catcher, Animal Husbandry Department, Patiala, were joined as official witnesses. DSP Banarsi Dass, before departing for raid, had also made a demonstration with regard to the use of phenolphthalein powder. He raided the Police Station Kasturba and sent the complainant alongwith Gurjit Singh shadow witness to the accused. The complainant, on demand made by the accused, handed over him the bribe money and the accused put the same in the drawer of the table. Thereafter, on the signal of the shadow witness, the raiding party entered the room of the accused and found him sitting in the chair. A glass of water was brought and sodium carbonate was put in the said glass of water but its colour did not change. Thereafter, hands of the accused were dipped in that glass of water and the colour of the water got changed to light pink. The said solution was put in the nip and was sealed with the seal of the DSP bearing impression "BD" which was taken into possession vide memo Ex.PF. The seizure memo of the currency notes was also prepared. On personal search of the accused, currency notes worth Rs. 620/- were recovered which were taken into possession vide memo Ex.PF. Photocopy of the DDR got recorded by the complainant, was taken into possession vide memo Ex.PH. The affidavit of complainant was taken into possession vide memo Ex.PG. The accused was arrested. After receipt of the report of the chemical examiner and getting sanction for prosecution, challan was presented against the accused.