AJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The accused-appellant (herein referred as 'the accused') was allegedly caught red handed while receiving Rs. 600/- on account of illegal gratification and as such was prosecuted for the offences under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988 (herein referred as 'the Act') and was convicted and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 1,000/- each for the said offences.

(2.) The facts in brief are that complainant Nishan Singh complained to Mohinder Singh Deputy Superintendent of Police, Vigilance Bureau, Amritsar (herein referred as the Investigating Officer) that he and his brother Gursharan Singh, after purchasing the land measuring 14 kanals 15 marlas from Pargat Singh vide sale deed dated 17.06.1996, wanted to get the mutation sanctioned in their favour on the basis of the sale deed, therefore, he visited the accused (patwari) at Ghariala, alongwith photo copy of the sale deed, however, he demanded Rs. 1,000/- for serving the purpose but the bargain was struck at Rs. 600/-. However, he did not want to pay bribe, therefore, he contacted the Investigation Officer and made the statement, on the basis of which a case was registered against the accused.

(3.) The complainant handed over six currency notes in the denomination of Rs. 100/- each which were smeared with phenol phthalein powder and the Investigating Officer, after insuring that the complainant was not carrying any other tainted money with him, handed over, the tainted money to the complainant and directed him to hand over the same to the accused on demand and not to shake hands before or after exchange of the bribe money. Jatinder Tej Singh was nominated as a shadow witness. He was instructed to overhear the conversation between the complainant and the accused regarding the demand and acceptance of the bribe and then to signal to the raiding party by putting his hand over his head. Shiv Dial, Junior Engineer of Public Health Department was also associated in the police party as an official witness. On reaching village Ghariala, the complainant and the shadow witness were sent to the office of the accused where on demand of Rs. 600/- from the complainant, the later handed over the money. The shadow witness signalled the police whereupon the Investigating Officer alongwith other police officials raided the accused. At this, the accused after taking out the money from his pocket, threw on the table lying in front of him. After showing the identity, the Investigating Officer caught hold the accused from his arms and got his hands washed in a solution of sodium Carbonate whereupon its colour turned pink. Pink solution was poured in a nip and was sealed with the seal bearing impression "KS" and was taken into possession vide a separate memo. The tainted currency notes were also recovered from the table lying in front of the accused. The personal search of the accused was also conducted. The pocket of the shirt of the accused was also washed in a sodium Carbonate and the colour of the solution turned pink. The pocket of the shirt of accused was also washed in a sodium Carbonate and the colour of the solution turned pink. The pink solution of the pocket wash was also put in a separate nip and was sealed with the impression 'KS'. Certain record was also seized from the spot. On receipt of the report of Forensic Science Laboratory, the challan against the accused was presented. He was charged for the aforesaid offences to which he pleaded not guilty and opted to contest.