JYOTI RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) Jyoti Ram accused- appellant (herein referred as, 'the accused') was working as Platoon Commander in the Home Guard. He is alleged to have received Rs. 500/- as illegal gratification for extending duty of the complainant for further 89 days, therefore, on raid he was apprehended and on trial, vide judgment dated 7/8.4.2005 he was convicted and sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs. 2500/- under Section 7 of the Prevention of Corruption Act, 1988 (for brevity, 'the Act') and further rigorous imprisonment for two years and to pay fine of Rs. 2500/- under Section 13 (2) of the Act.

(2.) The complainant being the resident of Ambala City was working as volunteer in the Home Guard at Ambala since 1.7.2000. He was on temporary job of 89 days and after break of one day, his duty could be extended. The accused was the Commander in the Home Guard and he used to keep the account regarding employing of the Home Guards and terminating them. He had set up a convention that on completion of 89 days, the same volunteer could be taken back provided he paid Rs. 2000/- as bribe for getting the job for 89 days. Some amount used to be taken by him in advance and the remaining amount used to be deducted by him from the salary of the volunteer. The complainant had joined his duty on 1.4.2001 for which he had given Rs. 800/- in advance and the remaining amount of Rs. 1000/- was deducted by him from his salary. The accused was demanding Rs. 500/- as advance money for extending his duty w.e.f. 1.7.2001 and the remaining was to be deducted from his salary. Since the complainant was reluctant to pay the amount, he reported the matter vide complaint Ex.PJ to the Superintendent of Police, SVB, Ambala, who sent the same to the police station on the basis of which FIR Ex.PO was registered. After moving an application Ex.PF before the District Magistrate, O.P. Ranga (PW6), DRO Ambala was directed to join him as official witness. The Investigating Officer appointed Raj Kumar (PW11) as shadow witness. The raid was organized, the complainant was directed by the Investigating Officer to pay the tainted money to the accused on demand and after acceptance of the same, Raj Kumar was to give signal to the police party. After completing all the formalities with regard to submerging of the five currency notes in the phenolphthalein powder, the raid was conducted and the accused was caught red handed. On search, the tainted money was recovered from the right pocket of his trouser. On comparison the number of the currency notes tallied with the list prepared by the Investigating Officer. Solution of the water and sodium carbonate were prepared in which hands of the accused were got washed, which became pink. The said solution was poured in a nip. Again the same procedure was followed and the currency notes were washed. The said solution also became pink and it was poured in a separate nip. Again the solution was prepared and the pocket of the trouser was washed in the said solution, the colour of the solution again became pink. The trouser was also converted into parcels so also the three nips containing the solution. All these parcels were sealed with the seal bearing impression "SP" and "SVB" and the same were handed over to DRO. The recovered currency notes were also converted into parcels and were taken into possession. On completion of the investigation challan against the accused was presented in the court.

(3.) On finding a prima facie case under Section 7/13 (2) of the Act, the accused was charged to which he pleaded not guilty and opted to contest.