RATTAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The challenge by way of this appeal brought by Rattan Singh, the appellant is to the judgment of his conviction dated 10.10.2000 passed by learned Special Judge, Ropar vide which the appellant has been held guilty and convicted for an offence punishable under sections 7 and 13(2) of the Prevention of Corruption Act, 1988 (for short, "the Act") and the order on sentence of the same date vide which the appellant has been sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs 500/- for the aforesaid offence with further rigorous imprisonment for a period of one month in default of payment of fine. The case set-up by Police Station, Vigilance Bureau, Patiala by way of FIR No. 70 dated 18.9.1997 for the aforesaid offence is as under:-

(2.) The DSP reached the office and coming inside the same, he enquired from the complainant about the tainted currency notes. The complainant told him that the same were handed over to the appellant on his demand. Then Sukhdev Singh, DSP disclosed his identity to the appellant as well as Pal Khan. He asked the appellant and Pal Khan to raise their hands and not to shake their hands with any body. Vijay Kumar an employee of Sub Post Office was also associated in the proceedings at the spot. A glass of water was arranged and solution was prepared by mixing sodium carbonate in the same. Thereafter, the hands of the appellant, Rattan Singh were got washed in that glass. The colour of the water in the glass turned to light pink. The said solution was preserved in an empty nip which was sealed with seal bearing impression "SSA". The seal after use was handed over to Naib Singh (PW) and the sealed nip was taken into possession by way of a recovery memo. The DSP enquired from the appellant about the tainted currency notes. The appellant told him that he had kept the tainted money under a plastic box lying on his table. Rattan Singh then handed over the currency notes to the DSP, who had got compared the number of those currency notes with the numbers mentioned in the memo, from Naib Singh and Vijay Kumar Pws. Their numbers tallied with the numbers of the currency notes in the memo. The appellant had also handed over the record relating to the KVPs which was also taken into possession.

(3.) A prima facie case was found against the appellant and his co- accused by learned Special Judge, Ropar for an offence punishable under section 7 and 13(2) of the Act and charge was accordingly framed to which they pleaded not guilty and claimed trial.