PRITAM SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) PRITAM Singh, appellant has preferred this appeal against the judgment and order dated 16-11-1985 passed by the learned Special Judge, Rohtak vide which he was convicted of an offence under Section 5(2) read with section 5(1) (d) of the Prevention of Corruption Act and under Section 161 of the Indian Penal Code and sentenced to rigorous imprisonment for one year under the former charge and RI for one year under the latter charge. The sentences were made to run concurrently.

(2.) THE prosecution as briefly narrated, is to the effect that PW6 Jai Karan wanted to apply for the grant of loan from the Land Mortgage Bank Rohtak. For the purpose, he required copies of Jamabandi an Khasra Girdawari. He, accompanied by PW-1 Suresh Kumar, approached the appellant who was working as a Patwari in village Bohar. He asked him to the supply the copies. The appellant however, demanded Rs. 300/- as illegal gratification for the issuance of the copies. He further promised to supply the copies on the following day in the Tehsil Office, provided the money was paid. Jai Karan did not want to pay illegal gratification. He, therefore, wrote a complaint Ex. PC and went to the office of the ASP Rohtak. He handed over the complaint to the ASP and also produced three currency notes each of the denomination of Rs. 100/-. The ASP applied phenolphthalein powder to the currency notes. He returned those notes to him, with a direction to go to the office of the appellant and pass on the same to him on demand. A police party was organised in which DSP Bhim Singh, Jai Karan, Suresh Kumar, Tara Chand and others were joined. The party proceeded to the office of the accused in a jeep. From there the party proceeded further on foot. Tara Chand was deputed as a shadow witness and a direction was given to Jai Karan and Tara Chand to give the agreed signal after the money was passed on to the appellant. Jai Karan found the appellant present on the steps leading to the verandah of the Court Room of the Tehsildaar. Jai Karan told the appellant to do his job and also offered to give him the amount as demanded by him earlier. The appellant then demanded the amount to be paid first and the same was handed over to him Jai Karan. Jai Karan immediately gave the signal, as prearranged and Tara Chand, who was standing a few steps behind him, further gave the signal to the members of the party. A raid was then carried out and the tainted money was recovered from the left hand of the appellant. The left hand of the appellant was got washed in a solution of sodium carbonate the color of which changed into pink. The same was sealed in a bottle. Similarly the other solution into which the currency notes were dipped the colour of which also changed into pink was also taken into possession and the numbers of the currency notes were tallied. Further investigation was carried out.

(3.) THE prosecution has relied upon the testimony of PW6 Jai Karan, PW7 Tara Chand, PW8 Suresh Kumar and PW9 Sh. S. N. Vashist, as witnesses with respect to the demand made by him of the illegal gratification including recovery of currency notes.