RAKESH DIXIT Vs. STATE OF PUNJAB

JUDGEMENT

(1.) RAKESH Dixit (34) at the time of his conviction in 1984) appellant was convicted under Section 161 of the Indian Penal Code and Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act by the Special Judge, Jalandhar, by order dated December 3, 1984. He was awarded rigorous imprisonment for one year under the first count and a similar imprisonment for one year under the second count along with a fine if Rs. 500/ -. In default of payment of fine, he was further sentenced to six months rigorous imprisonment. The substantive sentences under the two courts were made concurrent.

(2.) THE accused was dealing Auditor of Artillery Regiment stationed at Ludhiana. The Pay and Accounts office of the said Regiment was at Mathura where the accused was posted. He came to Ludhiana on December 1,1981, and stayed in the Regimental Complex for three days. He started Collecting money from the Jawans, whose pay and allowances were outstanding, on the undertaking that he would have their accounts updated and have the outstanding amount paid to them. This activity of the accused came to the notice of the Officer Commanding Major D.N. Sharma. After satisfying himself about the truth of the allegation, he informed Dy. S.P. Vigilance, Ludhiana, by sending a letter dated December 3,1981, through Lt S.P. Yadav (later promoted Captain). Inspector Surjit Rai PW -16 alongwith Inspector Mela Ram and an independent witness Parkash Singh PW -3 came to the Regimental Headquarter. Havaldar Bhuwan Chand PW -7 was made a decoy witness. L/Naik Lachhman Singh PW -13 was to act as shadow witness and 10 currency notes of Rs. 10/ - each were handed over to the decoy witness to be passed on to the accused on demand . The shadow witness was asked to signal the waiting raiding party. The notes were treated with phenolphthalein powder. Inspector Surjit Rai gave a demonstration to the witnesses about the effect of phenolphthalein powder coming in touch with a weak solution of sodium carbonate. Necessary memos. were prepared. Accordingly the decoy and the shadow witness went. On demand made by the accused Havaldar Bhuwan Chand passed on the said currency notes to the accused. THe shadow witness gave the prearranged signal and the raid was conducted and the incriminating notes recovered from the accused. The accused was made to dip his hand in a solution of sodium carbonate which turned pink. The solution which had thus become pink was preserved in a bottle, which was sealed. The accused was challaned dafter obtaining sanction for prosecution from the Controller General of Defence Accounts.

(3.) THE plea of the accused was one of denial and false implication on account of enmity with the P.Ws. He examined A/R Lachhmi Narain, Accounts Officer (Administration as DW -1).