GURCHARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Aggrieved of conviction under Sec. 13(2) of the Prevention of Corruption Act, 1988 (for short, 'the Act') in FIR No. 59 dtd. 29/7/1998, registered at Police Station Vigilance Bureau, Ferozepore Range, Ferozepore, Gurcharan Singh (appellant) is in appeal.

(2.) The facts as per the case of the prosecution are that Nazar Singh made a complaint. He narrated that he himself and his brother were the beneficiaries of Will of his uncle Tara Singh. It was alleged that he had met the appellant who was posted as Halqa Patwari. He handed over the Will, death certificate and order of the court to the appellant for entering the mutation and for redemption of the mortgaged land. The appellant demanded bribe of Rs.5500.00, the deal was struck at Rs.4500.00 and Rs.2500.00 were paid. After twenty five days, the complainant went to the appellant, he was told that mutation had been sanctioned but redemption of the land was yet to be done and balance amount was demanded. The complainant along with Mohinder Singh on 29/7/1998 made a complaint to the Vigilance Bureau and a trap was laid. Twenty currency notes of denomination of Rs.100.00 each were laced with Phenolphthalein Powder. Mohinder Singh and Gurjit Singh Clerk of DFSC office were the shadow witness and official witness respectively. On reaching the office, the complainant and the shadow witness after giving instructions were sent inside. The appellant told that the work would be done only when the balance amount is paid and thereafter, the laced currency was handed over. The appellant put the notes in handkerchief and then kept it in the right pocket of his shirt. On signal of the shadow witness, the members of the raiding party reached the spot. On seeing the raiding party, the appellant threw the handkerchief containing the currency. On washing the hands of the appellant and the handkerchief with Sodium Carbonate solution, the colour turned pink.

(3.) On receiving the sanction, charge under Sec. 13(2) of the Act was framed.