PAWAN KUMAR GHAI Vs. C B I

JUDGEMENT

(1.) Appellant has preferred this appeal challenging his conviction and sentence for commission of offence punishable under Sections 7 and 13 (1) (d) punishable under Section 13 (2) of the Prevention of Corruption Act, 1988 (for short 'the Act') as ordered by the Special Judge vide judgment/ order dated 7.4.2003 in RC No.22-A dated 30.8.1999.

(2.) Prosecution story, in brief, is that Swaran Singh, husband of the complainant, was working in the Army. After his death, his pension was to be transferred in the name of complainant Surjit Kaur. Complainant moved an application in the office of District Development and Panchayat Officer. Complainant was accompanied by shadow witness Jogi Ram. They met the appellant in his office. Appellant, however, demanded Rs. 800/- as bribe from the complainant for doing the needful. The matter was settled at Rs. 500/-. Thereafter, complainant went the office of Vigilance Bureau on 5.2.1999. Deputy Superintendent of Police Amrik Singh recorded the statement of the complainant and on the basis of the same formal FIR was registered. Complainant handed over five currency notes in the denomination of Rs. 100/- each to the Deputy Superintendent of Police, who returned the same to her after applying Phenol Phthalein Powder (P-Powder for short). Demonstration of working of P-Powder was shown to the witnesses by the Deputy Superintendent of Police. Complainant was instructed to hand over the tainted currency notes to the appellant on demand. Jogi Ram was appointed as a shadow witness and was instructed to give a signal to the raiding party after the bribe money was accepted by the appellant on demand.

(3.) Thereafter, the raiding party left for the spot. Complainant as well as the shadow witness went inside the office of the appellant and handed over the tainted currency notes to the appellant on demand. Appellant kept the same in his left pant pocket. On receipt of signal from the shadow witness, Deputy Superintendent of Police along with other members of the raiding party reached the spot. On search of the appellant, tainted currency notes were recovered from his left pant pocket and the numbers of the same were tallied with the numbers noted down in the memo. When the fingers of the appellant were dipped in a solution of sodium carbonate, the colour of the solution turned pink. When the left pant pocket of the appellant was dipped in a solution of sodium carbonate, the colour of the solution turned pink.