(1.) Appellant faced trial qua commission of offence punishable under Sections 13(2) read with Section 7 of the Prevention of Corruption Act, 1988 (for short 'the Act') in FIR No.18 dated 20.3.1997 registered at Police Station Vigilance Bureau, Jalandhar.
(2.) Prosecution story,in brief, is that the complainant-Chain Singh and his deceased brother had a dispute regarding land measuring 3 kanals 14 marlas with Paramjit Singh, Kuldip Singh and Gurpreet Singh. The case was decided by the Sub Divisional Officer (C) in favour of the complainant party vide order dated 25.3.1996. Complainant met the appellant for sanction of mutation in his favour on 18.3.1997. However, appellant demanded Rs. 1500/- as bribe for doing the needful. The deal was settled at Rs. 1,000/-. Appellant directed the complainant to meet him on 20.3.1997 along with the bribe money. Complainant along with Pushpinder Singh met the vigilance authority. On the statement of the complainant, formal FIR was registered by the Deputy Superintendent of Police Vigilance. Complainant handed over ten currency notes in the denomination of Rs. 100/- each to the Deputy Superintendent of Police, who returned the same to the complainant after application of Phenolphthalein powder (hereinafter referred to 'p.powder'). Complainant was directed to hand over the said currency notes to the appellant on demand. Pushpinder Singh was nominated as shadow witness and was instructed to give a signal to the raiding party after the bribe money was accepted by the appellant on demand. Puran Singh was joined as an official witness. The working of the p.powder was shown to the witnesses by the Deputy Superintendent of Police. Thereafter, the raiding party left for the raid. Complainant and the shadow witness went inside the office of the appellant. Complainant handed over the tainted currency notes to the appellant on demand. On receipt of signal from the shadow witness, Deputy Superintendent of Police along with the remaining members of the raiding party reached the spot. On seeing the raiding party, appellant threw the currency notes on the floor . When the fingers of the appellant were dipped in a solution of sodium carbonate, the colour of the solution turned pink. The said solution was made into a sealed parcel,after putting it in a nip and was taken in possession.
(3.) After completion of necessary formalities, challan was presented against the appellant. Charge was framed against the appellant under Section 13(2) read with Section 7 of the Act.