SATBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Aggrieved of conviction under Ss. 7 and 13(1)(d) of the Prevention of Corruption Act, 1988 (for short, 'the Act') in FIR No. 28 dtd. 30/6/2003, under Ss. 7, 13(1)(d) and 13(2) of the Act, registered at Police Station State Vigilance Bureau, Satbir Singh (appellant) is in appeal.

(2.) The relevant facts as per the prosecution are that Raj Pal made a complaint on 30/6/2003 to Inspector Vigilance, Kaithal. He narrated that he is engaged in selling milk and had applied loan under Prime Minister Employment Scheme (Pradhan Mantri Rojgar Yojna). The papers were filed in the office of District Industries Centre, Kaithal. The appellant posted as a Clerk informed that only on his clearing the interview the loan would be sanctioned and for this purpose, Rs.2,000.00 bribe was demanded. The deal was struck for Rs.1,000.00 and Rs.700.00 were paid. On complaint, a trap was laid. Rajbir Singh, Tehsildar was the Gazetted officer for the trap and Abhey Ram Constable was appointed as a shadow witness. Three currency notes of the denomination of Rs.100.00 were laced with Phenolphthalein Powder and initialled. After giving instructions to the shadow witness and the complainant, the raiding party proceeded towards the office of the appellant. On receiving signal from the shadow witness, the appellant was apprehended and laced currency notes were recovered from the right pocket of his pant. On washing of the hands of the appellant and pocket of his pant with Sodium Carbonate solution, the colour turned light pink. On receiving the sanction to prosecute, charges were framed.

(3.) The prosecution to support its case examined eleven witnesses.