VIMAL KUMAR AND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) CRL . Appeal No. 1310 -SB of 2007 and Crl. Appeal No. 1361 -SB of 2007 were preferred by Vimal Kumar and Anil Kumar, respectively, to impugn the judgment of conviction and order of sentence dated 5.7.2007 rendered by Special Judge, Rupnagar, in Corruption Case No. RT -7 of 14.5.1999/13.5.2006, arising out of FIR No. 5 dated 14.3.1997 under Sections 7/13(2) of Prevention of Corruption Act, 1988 (for short 'the Act'), PS Vigilance Bureau, Flying Squad, Punjab State, Mohali.

(2.) BY the said judgment, they were convicted under Sections 7/13(2) of the Act and sentenced to undergo RI for 2 -1/2 years and to pay a fine of Rs. 5,000/ -, in default of payment of fine, to further undergo RI for 3 months each.

(3.) COMPLAINANT had produced 13 currency notes, each of the denomination of Rs. 500/ - and 7 currency notes, each of the denomination of Rs. 100/ -. Phenolphthalein powder was applied to the currency notes and numbers of currency notes were noted. Currency notes were returned to the complainant vide memo (Ex.P.W. 1/A). Complainant had produced 5 currency notes, each of the denomination of Rs. 500/ - and 15 currency notes, each of the denomination of Rs. 100/ -. Phenolphthalein powder was applied to the currency notes and numbers of currency notes were noted. Currency notes were returned to the complainant vide memo (Ex.P.W. 1/B). Gurmel Singh was joined as shadow witness with direction to accompany the complainant and to over hear the conversation between the complainant and the accused regarding demand and acceptance of illegal gratification and after acceptance of illegal gratification to give agreed signal to the raiding party. Solution was prepared by adding Sodium Carbonate. Demonstration was given to the complainant and the shadow witness as to how colour of solution was to change. Mehar Singh and Mahesh Chander, JE, were also joined in the raiding party. Complainant and shadow witness were sent to the office of the accused and remaining members of the raiding party had stayed at some distance from the office of the accused. After receipt of agreed signal from Gurmel Singh, IO along with other officials had gone to the office of the accused. IO disclosed his identity and confirmed the names of the accused. Both the accused were apprehended. After that, a glass of water was arranged. Solution was prepared by adding sodium carbonate. There was no change in the colour of water. Then Anil Kumar was directed to wash his hands in the solution. Then colour of solution turned light pink. Solution was transferred into a nip and sealed by the IO with his own seal bearing impression 'DS'. Sealed parcel was taken into police possession vide separate memo attested by the witnesses. On personal search of Anil Kumar, Rs. 7,200/ - was recovered from the right side pocket of pants worn by him. Numbers of recovered tainted currency notes were got compared with the numbers of currency notes already noted in the memo and the same were found tallying. Recovered currency notes were taken into police possession vide separate memos attested by the witnesses. Another glass of water was arranged. Solution was prepared by adding sodium carbonate. There was no change in the colour of water. Then pocket of the pants worn by Anil Kumar was washed in the said solution. Then colour of solution turned light pink. Solution was transferred into a nip and sealed by the IO with his own seal bearing impression 'DS'. Sealed parcel was taken into police possession vide separate memo attested by the witnesses.