BHUPINDERPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The accused was convicted for the offences under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988. He has challenged the judgment of conviction and sentence passed by the trial Court.

(2.) The brief case of the prosecution is that the accused Bhupinder pal Singh who was serving as a Constable in the Excise department came down to the hotel run by PW1 Jit Kaur on Kapurthala-Subhanpur road in village Boot at about 4:00 pm on 2.5.2001, made a search of her hotel and informed her that she was transacting business in illicit liquor and permitted the drunkard persons to sit inside the hotel. Her husband was away at that point of time. PW2 Jarnail Singh, the younger brother of the husband of PW1, came to the shop at that time. PW1 put her thumb impression on a blank paper as commanded by the accused. The accused also threatened her with criminal action based on the thumb impression she had affixed on the blank paper if at all she failed to fulfill the demand of Rs. 1,000/- as bribe. PW1 having not chosen to part with any bribe proceeded to the office of the Deputy Superintendent of Police, Vigilance Bureau, Jalandhar alongwith PW2 Jarnail Singh and gave a written complaint to PW5 DSP Amrik Singh. Based on the said complaint, a formal First Information Report Ex.PA/2 was registered by Inspector Jasbir Singh. She also handed over two currency notes in the denomination of Rs. 500/- to PW5. There was a demonstration of phenolphthalein test in the presence of PW1 and PW2. PW3 Satnam Singh, Junior Field Investigator and PW4 Dr. Harvinder Singh Kahlon attached to the office of Animal Husbandry were associated by PW5. The purpose of their summoning to the office was explained by PW5 to them. After treating the currency notes brought by PW1 with phenolphthalein powder, PW1 and PW2 were directed to go to the shop of PW1. PW5 in the company of PW3 and PW4 followed them. As the demand of Rs. 1,000/- was made by the accused, PW1 handed over the said amount to him. Consequently, the accused returned the blank note with her thumb impression. A pre-arranged signal was given by PW2 to PW5 and his police party. Thereafter, PW5 and other police officials alongwith PW3 and PW4 descended on the scene of occurrence. Recovery of a sum of Rs. 1,000/- was made. Sodium carbonate solution was prepared. The hands of the accused which were dipped in the sodium carbonate turned pink in colour. His left pocket shirt also turned pink in colour. Recovery was made. The accused also was arrested by PW5. Having completed investigation, PW5 charge- sheeted the accused.

(3.) I heard the elaborate submission made by the learned counsel appearing for the appellant/accused challenging the very verdict of conviction recorded by the trial Court. The submission made by the learned Deputy Advocate General appearing for the State, supporting the verdict of conviction and sentence passed by the trial Court was also heard by me.