KARAMBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Vide this judgment, above mentioned two appeals would be disposed of as the appellants have challenged their conviction and sentence as ordered by the Trial Court vide judgment/order dated 8.10.2004/12.10.2004 under Section 7 read with Section 13 (1)(d) and Section 8 of Prevention of Corruption Act, 1988 ('Act' for short) in FIR No. 429 dated 18.4.2002, registered at Police Station City Palwal.

(2.) Prosecution story, in brief, is that complainant Chander Pal required an arms licence. As per rules, he had to undergo Home Guard Weapons Usage Training which was being conducted by Home Guard, Palwal. Complainant had deposited Rs. 50/-, the requisite charges, for the training programme on 8.4.2002. Since the complainant was having problem in attending the training programme, he talked to 3-4 Head Constables who were present in the office. Appellant Karambir Singh said that in case he (complainant) was ready to pay, then he could be granted the certificate. Demand to the tune of Rs. 800-1,000/- was made.

(3.) Complainant approached the Vigilance office on 18.4.2002 and met Inder Singh Saini, Deputy Superintendent of Police ('DSP' for short). On the basis of the statement of the complainant, formal FIR was registered. Complainant produced one currency note in the denomination of Rs. 500/- and three currency notes in the denomination of Rs. 100/- each before the DSP, who in turn, returned the same to the complainant after application of phenolphthalein powder ('P-Powder' for short). Complainant was instructed to hand over the said currency notes to the accused on demand. Head Constable Raj Pal was instructed to act as a shadow witness and was directed to give a signal to the raiding party after the bribe money was accepted by accused Karambir on demand.