MOHINDER SINGH LATHOR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Present appeal is directed against the judgment of conviction and the order of sentence dated 8.8.2006 passed by the learned Judge, Special Court, Kaithal, whereby the appellant was convicted and sentenced under Section 7 of the Prevention of Corruption Act, 1988 (in short the Act) to undergo RI for a period of three years and to pay a fine of Rs. 2500/-, and in default of payment of fine, to undergo further rigorous imprisonment for a period of one month. He was further convicted and sentenced under Section 13(1)(d) of the Act to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 2500/-, and in default of payment of fine, to further undergo rigorous imprisonment for a period of one month, in a case arising out of FIR No. 356 dated 10.8.2002 registered at Police Station City Kaithal, under Sections 7/13(1)(d), 13(1)(e) read with Section 13(2) of the Act. Brief facts of the case are that on 10.8.2002, complainant met the Superintendent of Police, Kaithal and moved an application (Ex. PD) against the appellant. On this, Sh. Amir Singh, DSP (HQ), Kaithal was deputed to take action. On receipt of telephonic message from SP camp office, he reached at the said camp office and found that two persons, namely, Chandan Singh son of Sadhu Ram, resident of Pundri and Suresh Kumar son of Randhir Singh resident of Kaithal, were sitting there. Thereafter, the SP had also called Sanjeev Verma, the then CTM Kaithal, telephonically. Thereafter, DSP Amir Singh and CTM Sanjeev Kumar Verma were apprised of the facts of the complaint of Chandan Singh by the SP. The SP directed them to proceed for taking action against the appellant, who at that point of time, was posted as District Food & Supplies Controller (DFSC), Kaithal. It was mentioned in the complaint that the complainant had taken a labour and carriage contract for Pundri and Ding Mandi from the DFSC, Kaithal and had deposited Rs. 85000/- as security. The complainant had completed the entire contract in time as per the terms. Thereafter request to the DFSC was made for release of the security of Rs. 85000/-. At this, appellant allegedly demanded Rs. 30,000/- for release of the said amount of security and stated that in case of failure to pay the bribe, the security amount would be forfeited. The complainant showed his reluctance to pay the bribe. Thereafter allegedly the appellant started harassing him. Many times requests were made for release of the security amount but it was not released. Then the complainant allegedly arranged Rs. 15,000/- and approached Deputy Commissioner, Kaithal, who directed him to meet the SP. It is alleged that complainant met the appellant on 9.8.2002, who asked him to come at his office and bring the money at 6.00 p.m. DSP Amir Singh proceeded to initiate proceeding in the case. He also apprised the facts of the complaint to Ram Chander, Inspector/SHO, Police Station City Kaithal and other police officials. Allegedly, complainant handed over 30 notes of Rs. 500/- each bearing No. JBK 303601 to JBK 303630. The said notes were initialed by DSP Amir Singh and Sanjeev Verma, CTM, Kaithal, and entrusted the same to the complainant with a direction to hand over to DFSC. Suresh Kumar shadow witness was explained to give signal when the amount was handed over to the DFSC. The entrustment memo was prepared. Parmod Kumar, Sub Inspector, was also appointed as another shadow witness and raiding party was prepared, which reached the office of DFSC. The complainant allegedly dropped shadow witnesses Suresh Kumar and Parmod Kumar near the said office and after parking his car in front of the gate of DFSC office, complainant came out of his car. In the meantime, appellant came out of the office and boarded the official vehicle and thereafter complainant Chandan Singh allegedly handed over the said currency notes of Rs. 15,000/- to appellant - Mohinder Singh, who put the said bribe money in the left pocket of his shirt. After handing over money to the appellant, complainant flashed the appointed signal to shadow witness Suresh Kumar who further flashed the signal to shadow witness Parmod Kumar Sub Inspector. Thereafter, raiding party parked their vehicle in front of the vehicle of the DFSC and personal search of the appellant was conducted by DSP Amir Singh and allegedly 30 currency notes worth Rs. 15,000/- bearing No. JBK 303601 to JBK 303630 of denomination of Rs. 500/- each having initials of DSP and CTM Kaithal were recovered. The jeep as well as the currency notes were taken into possession. On the basis of said recovery, case under Sections 7/13 of the Act was registered and investigation was launched. On 10.8.2002, the raiding party reached the house of the accused at Model Town, Jind Road, Kaithal, in the presence of Shiv Dayal, DFSO, Kaithal, and recovered two pass books bearing No. 28863 showing Rs. 27057.25 paise and bearing No. 976 showing amount of Rs. 3,66,645/-. The police party also recovered receipt book of Shiksha Parishad Kanya Gurukul Mahavidyalya, Shadipur Julana, out of which 15 receipts had been issued in the sum of Rs. 1,64,851/-. The said recovered articles were taken into police custody. When the police party was about to leave the house, then a Qualis vehicle came, which was checked on the basis of suspicion and recovery of Rs. 82,000/- was effected from the said vehicle. The said vehicle belongs appellant and his elder son was in the said vehicle. Later on, the police party handed over the currency notes of Rs. 82,000/- to the son of the accused-appellant through Sh. Shiv Dayal Chauhan DFSO. The police party deposited the case property with the MHC and put the accused behind the bars. On 11.8.2002, the accused-appellant suffered a disclosure statement that he had concealed a sum of Rs. 80,000/- in a briefcase in his house at Kaithal and another sum of Rs. 80,000/- in his house at village Julana. The police sought the police remand of the appellant which was declined and appellant was sent to the judicial custody. Thereafter, on 12.8.2002 two pass books were recovered from the office of the appellant and on 14.8.2002, the police recovered Rs. 80,000/- which were lying in a briefcase kept in almirah in the house of the appellant at Kaithal and the same were taken into custody. Thereafter, the site plan was prepared. Statements of the witnesses were recorded and after completion of the investigation, final report under Section 173 Cr.P.C. was forwarded to the Court. The Judge, Special Court framed charges under Sections 7, 13(1)(d), 13(1)(e) read with Section 13(2) of the Act, to which the accused-appellant pleaded not guilty and claimed trial.

(2.) To prove its case, the prosecution examined Sh. Rai Singh as P.W. 1, Sh. Baljit Singh Clerk as P.W. 2, Sh. Madan Gopal Post Master as P.W. 3, Om Parkash Nazir as P.W. 4, Constable Salinder Singh as P.W. 5, Suresh Kumar shadow witness as P.W. 6, Shiv Dayal Chauhan as P.W. 7, Sh. Sanjeev Verma, Executive Magistrate as P.W. 8, Sub Inspector Parmod Kumar as P.W. 9, Isham Singh Sub Inspector as P.W. 10, Chandan Singh as P.W. 11, Inspector Ram Chander as P.W. 12, Ch. Amir Singh Dy. S.P. as P.W. 13 and thereafter, the prosecution evidence was closed.

(3.) Thereafter, statement of the accused-appellant was recorded under Section 313 Cr.P.C. The accused denied all the allegations and pleaded innocence. In his defence, the appellant examined Mohan Lal Inspector as D.W. 1, Dilawar Singh DFSO as D.W. 2, Rajinder Parshad Asstt. Food and Supplies Department, Haryana, Chandigarh, as D.W. 3, Sh. Sohan Lal IPS as D.W. 4, Rameshwar Dass Patwari as D.W. 5, Parveen Kumar Patwari as D.W. 6.