KULDIP RAI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) IN case FIR No. 110 dated 16-9-1999, Police Station, Julkan, under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988 (for short the Act)/Sessions Case No. 27-T of 28.4.1995/3.6.1998, vide order dated 22.8.2000, the Special Judge, Patiala, exercising the powers of trial under the Act convicted Kuldip Rai and sentenced him to undergo rigorous imprisonment for one year and to pay a fine of Rs. 2000/- or in default of payment of fine, to undergo further rigorous imprisonment for 3 months under Section 7 of the Act and further sentenced him to undergo rigorous imprisonment for 2 years and to pay a fine of Rs. 3000/- and in default of payment of fine to undergo further rigorous imprisonment for 4 months under Section 13(2) of the Act. Both the sentences were ordered to run concurrently.

(2.) THE prosecution case in brief is that one Gurdit Singh son of Dalbir Singh resident of village Rohar Jagir owns 18 killas of land in village Rohar Jagir. Some of his land is situated in the north adjoining the village. There was transformer lying installed in that land. That transformer used to supply electricity to 8/9 tubewells. That transformer got burnt 10/12 days earlier to 16.9.1994. He was in dire necessity of watering his crop. For watering the crop, he was to run tubewell. Tubewell could be run with electric energy. There was electric motor in his field in the name of his brother Wazir Singh. Earlier he used to be joint with his brother Wazir Singh and after separation, the electric connection continued to be in the name of his brother Wazir Singh. 3/4 days prior to 16.9.1994, he met Kuldip Rai-accused in his office at Devigarh (it may be mentioned here that Kuldip Rai was Junior Engineer in the Punjab State Electricity Board posted in its office at Devigarh). He requested Kuldip Rai to replace the transformer lying installed in his field with a new one as the previous transformer had got burnt. Kuldip Rai-accused replied that if he wanted replacement of burnt transformer with a new one, he would to pay him Rs. 1100/- as illegal gratification. He requested Kuldip Rai that he was poor and was unable to pay so much amount. On his request Kuldip Rai-accused brought down his demand to Rs. 1000/- and asked Gurdit Singh to bring Rs. 1000/- with him on 16.9.1994 as illegal gratification and the said transformer would be replaced with a new one. Gurdit Singh did not want to pay any illegal gratification. He made a false promise to him that he would be visiting him on 16.9.1994 in his office. He had met Gurnek Singh Brar, Executive Engineer, Punjab State Electricity Board, Patiala, and had requested him to replace the burnt transformer lying in his field with a new transformer so that he would irrigate his land. Gurnek Singh Brar had told him that he would ask Kuldip Rai, Junior Engineer to do the needful. Earlier, he had met SDO, Punjab State Electricity Board, Rohar Jagir. He had also told him that he would ask Kuldip Rai, Junior Engineer to do the needful. On 16.9.1994, Gurdit Singh was going to the Vigilance Bureau, Patiala. Karnail Singh son of Harkesh Singh of his village accompanied him whom he narrated this episode, who suggested him that they should contact Vigilance Bureau for taking action against accused-Kuldip Rai under the Act for demanding illegal gratification. Gurdit Singh made statement before Mr. Tulsi Ram, DSP, Vigilance Bureau Patiala on 16.9.1994 at about 3 p.m. Gurdit Singh, PW2 produced before the DSP 10 currency notes of the denomination of Rs. 100/- each. He treated those currency notes with phenolpathalein powder in the presence of Karnail Singh, PW. After treating those currency notes, P1 to P10 with phenolpathalein powder, he handed over those currency notes to Gurdit Singh, PW. In this behalf, he prepared memo Exhibit PW2/B attested by Gurdit Singh and Karnail Singh, PWs. He instructed him to go to the accused and hand over the currency notes P1 to P10 but only on demand by him as illegal gratification. He instructed Karnail Singh, PW (shadow witness) to accompany Gurdit Singh, PW and witness the passing of the aforesaid currency notes by Gurdit Singh to the accused and further hear the conversation that takes place between Gurdit Singh, PW and Kuldip Rai-accused. He further instructed Karnail Singh, PW that as soon as the accused accepted the currency notes treated with phenolpathalein powder as illegal gratification from Gurdit Singh. PW, he would raise a signal to the raiding party. Mr. Tulsi Ram, DSP, Vigilance Bureau, prepared solution of sodium carbonate in a glass of water. He treated one piece of paper with phenolpathalein powder. He dipped that piece of paper in that solution of sodium carbonate and the colour of the solution became pinkish and he then threw away that solution. In this behalf, he prepared memo Exhibit PW3/A which was attested by Gurdit Singh and Karnail Singh, PWs. This was by way of demonstrating to them the effect of sodium carbonate with phenolpathalein powder.

(3.) THEREAFTER , DSP Vigilance Bureau along with Gurdit Singh and Karnail Singh left for Devigarh. At village Devigarh, Mohar Singh, Secretary Co-operative Society Devigarh was joined. Gurdit Singh and Karnail Singh were sent to contact the accused in his office. Kuldip Rai-accused was available in his office. Gurdit Singh, PW gave the aforesaid currency notes Exhibit P1 to P10 to the accused on his demand as illegal gratification. After accepting 10 currency notes of the denomination of Rs. 100/- from Gurdit Singh, the accused put them in the right pocket of the pants worn by him. After the accused had accepted the currency notes P1 to P10 as illegal gratification from Gurdit Singh, PW Karnail Singh raised signal which attracted Mr. Tulsi Ram, DSP Vigilance Bureau, Mohar Singh, Secretary, Co-operative Society Devigarh etc. to the spot. Mr Tulsi Ram, DSP Vigilance Bureau gave his identity to the accused that he was DSP, Vigilance Bureau, Patiala, and that he would be subjecting him to search. He sent for a glass of water in which solution of sodium carbonate was prepared. In that solution, the accused dipped his hands one after the other. Colour of the solution became pinkish. This solution was transferred into a small bottle which was sealed. This sealed small bottle was taken into possession vide memo Exhibit PW2/E. From the search of the accused, 10 currency notes of the de-nomination of Rs. 100/- was recovered from the right side of the pocket of the pants worn by him. Mohar Singh, PW compared the numbers of those currency notes with the numbers lying entered in recovery memo Exhibit PW2/B. These numbers tallied with the numbers of the notes lying entered in fard hawalgi Exhibit PB which were taken into possession vide memo Exhibit PW2/C which was attested by the witnesses. He prepared another solution of sodium carbonate in a glass of water in which the right side pocket of the pant worn by Kuldip Rai was dipped and the colour of the solution became pinkish. This solution was transferred in another small bottle which was sealed. It was taken into possession along with the pants of the accused Exhibit PW2/D. On the further search of the accused, a sum of Rs. 105/- was recovered.