SURJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant has preferred this appeal challenging his conviction and sentence for commission of offence punishable under Section 7 read with Section 13 (2) of the Prevention of Corruption Act, 1988 (for short 'the Act') as ordered by the trial Court vide judgment/ order dated 6.11.2003 in FIR No.56 dated 11.8.1997 registered at Police Station Vigilance Bureau, Ludhiana.

(2.) Prosecution story, in brief, is that Sukhjit Singh @ Kaka, son of complainant Gurnam Singh, was suspected in connection with theft case of rifle on 3.8.1997. Sukhjit Singh was again summoned on 4.8.1997 to join investigation but out of fear he did not appear before the police officials. On 9.8.1997, complainant along with Neeraj Chawla met the appellant in the police station and requested him not to harass his son Sukhjit Singh any more. Appellant demanded Rs. 2,000/- from the complainant as illegal gratification. The deal was settled at Rs. 1,000/-. Complainant then approached the Vigilance Bureau. Deputy Superintendent of Police (DSP for short) Pinder Singh recorded the statement of the complainant and on the basis of the same, formal FIR was registered. Complainant handed over one currency note in the denomination of Rs. 500/- and five currency notes in the denomination of 100/- each to the DSP, who, in turn, returned the same to the complainant after application of Phenol Phthalein Powder (P-Powder for short). Complainant was directed to hand over the tainted currency notes to the appellant on demand. Neeraj Chawla 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 the appellant on demand. Demonstration of the working of the P-Powder was shown to the witnesses. Thereafter, the raiding party left for the raid. Complainant and the shadow witness went inside the police station. Complainant handed over the tainted currency notes to the appellant on demand. Appellant kept the same in his shirt pocket. On receipt of signal from the shadow witness, DSP along with remaining raiding party reached the spot. When the fingers of the appellant were dipped in a solution of sodium carbonate, colour of the solution turned pink. The said solution was put in a nip and was made into a sealed parcel and was taken in police possession. The tainted currency notes were recovered from the shirt pocket of the appellant and the numbers of the same were tallied with the numbers noted down in the memo and were taken in possession. When the shirt pocket of the appellant was dipped in a solution of sodium carbonate, colour of the solution turned pink. The said solution was put in a nip and was made into a sealed parcel and was taken in police possession.

(3.) After completion of investigation and necessary formalities, challan was presented against the appellant. Charge was framed against the appellant for commission of offence punishable under Section 7 read with Section 13 (2) of the Act.