RAGHBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Accused Raghbir Singh, Head Constable, having been convicted under Section 7 of the Prevention of Corruption Act, 1988 (in short, the act) and sentenced to undergo rigorous imprisonment for two years and to pay fine of Rs. 1,000 and in default thereof, to undergo further imprisonment for three months, vide judgment dated 12.1.2000 and order dated 14.1.2000 by Ld. Special Judge Additional Sessions Judge, Jhajjar, has filed the instant criminal appeal impugning his conviction and sentence.

(2.) Prosecution case is that on the instigation of police official including the accused posted in police post Linepar, Police Station City Bahadurgarh, Mahender younger brother of complainant Sh Krishan used to pick up quarrels with anyone of the assurance of police officials that nothing would happen to him. However, police officials used to call Mahender and demand money from him whenever he picked up quarrels in the same sequence, the accused visited the house of the complainant on 18.7.1994 and demanded Rs. 1,000 as bribe for hushing up a case against complainant's brother. The complainant told the accused that he shall pay the money next day i.e on 19.7.1994. The complainant sent his brother Mahender to Bombay in a truck to transport goods. On 19.7.1994, the complainant moved application before Superintendent of Police (SP), Rohtak who marked the same to Deputy Superintendent of Police (DSP), Head Quarter, Rohtak namely Ms. Raj Shri Singh. DSP. who joined T.K. Sharma. the then Sub-divisional Magistrate (SDM), Rohtak and Anil Kumar Dhawan. DSP, City Rohtak in the raiding party .The complainant gave currency notes valuing Rs. 1,000. The same were initialled by Raj Shri Singh. Investigating Officer (l.O.) and by the SDM. Phenol-phthalein powder was applied on the notes. The notes were returned to the complainant with direction to pay the same to the accused on his demand. The SDM was appointed as shadow witness. FIR was got registered by sending the complainant's application with endorsement of IO to the Police Station. Trap was laid. The complainant gave the tainted currency notes to the accused on his demand and on his signal, other members of the raiding party reached the police post and apprehended the accused. The tainted currency notes were recovered from the pocket of the shirt which the accused was wearing. The said pocket of the shirt, the tainted currency notes and hands of the accused were washed in separate solutions of Sodium Carbonate which turned pink. The solutions were sealed in nips. All the articles were seized by the police. Necessary investigation proceedings were conducted. Statements of witnesses were recorded. The accused was arrested. Sanction order for prosecution of the accused was obtained. On completion of investigation, police presented report under Section 173 of the Code of Criminal Procedure (in short, Cr.P.C.) for prosecution of the accused.

(3.) Charge under Section 7 of the Act was framed against the accused who pleaded not guilty and claimed trial.