SATBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant was tried qua commission of offence punishable under Sections 7 and 13 (1) (D) of the Prevention of Corruption Act, 1988 (for short 'the Act') in FIR No.140 dated 19.9.2001 registered at Police Station City Gohana. Learned Special Judge, vide judgment/ order dated 8.2.2003/ 10.2.2003 convicted and sentenced the appellant qua commission of offence punishable under Sections 7 and 13 (1) (D) of the Act. Hence, the present appeal by the appellant.

(2.) Prosecution story, in brief, is that complainant had been challanned by the police with regard to his jeep bearing No.HR 46-A 7142. Complainant attended the court for disposal of his challan on 17.9.2001. Appellant demanded Rs. 4,500/- as bribe from the complainant. Complainant had paid Rs. 2,500/- to the appellant on 17.9.2001 and promised to pay him the remaining amount. When the complainant returned back with the money, appellant took his signatures on the receipt and register and handed over the receipt to him. As per the receipt, complainant had paid fine to the tune of Rs. 500/- and on this account, complainant refused to pay Rs. 2,000/- to the appellant. On the basis of the statement of the complainant, the Deputy Superintendent of Police organised a raid. Deputy Superintendent of Police sought permission from the District and Sessions Judge to conduct the raid. Thereafter, the raid was conducted. Tehsildar was joined as an official witness. Complainant handed over four currency notes in the denomination of Rs. 500/- each, duly signed by the Tehsildar, to the Deputy Superintendent of Police, who in turn, returned the same to the complainant after application of Phenol Phthalein Powder (P-Powder for short).

(3.) Complainant was directed to hand over the tainted currency notes to the appellant on demand. Tehsildar was deputed to act as a shadow witness and was directed to give a signal to the raiding party after the bribe money was accepted by the appellant on demand. Thereafter, the complainant and Tehsildar went to the spot and the complainant handed over the tainted currency notes to the appellant on demand.