LAKHBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) APPELLANT had faced trial qua commission of offence punishable under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988 (for short 'the Act') in FIR No. 8, dated 15.2.2000 registered at Police Station Vigilance Bureau, Jalandhar. The trial Court vide judgment/order dated 10.7.2004 ordered the conviction and sentence of the appellant under Sections 7 and 13(1)(d) punishable under Section 13(2) of the Act. Hence, the present appeal by the appellant. Prosecution story, in brief, is that complainant -Bhagwan Singh had applied for electric connection. Complainant Bhagwan Singh met the appellant -Lakhbir Singh in this regard but the appellant demanded Rs.2000/ - to do the needful. All the documents were completed and the appellant was to release and install the electric connection. On 11.2.2000, appellant -Lakhbir Singh met complainant -Bhagwan Singh in the market and complainant -Bhagwan Singh again requested appellant -Lakhbir Singh to release his connection. Appellant reiterated his demand for payment of Rs.2000/ - as illegal gratification to him for laying the cable and installation of electric connection. The deal was settled at Rs.800/ -. Complainant -Bhagwan Singh approached the Vigilance Authorities along with Jaswinder Singh. Complainant handed over eight currency notes in the denomination of Rs.100/ - each to the Deputy Superintendent of Police -Swinder Singh, who in turn returned the same to the complainant, after application of phenolphthalein powder ('P. Powder' for short). Numbers of the said currency notes were noted down in a memo. Complainant was directed to hand over the tainted currency notes to the appellant on demand. Jaswinder Singh was deputed to act as a Shadow witness and was instructed to give a signal to the raiding party after the bribe money was accepted by the appellant. The demonstration of working of P. Powder was shown to the complainant and the shadow witness. Thereafter, the raiding party left for the house of the complainant. At 3.00/3.30 pm, appellant came to the house of the complainant and demanded Rs.800/ - from him. Complainant handed over the tainted currency notes to the appellant, who after counting the same, kept them in his shirt pocket. On receipt of signal from the shadow witness, the Deputy Superintendent of Police and the remaining members of the raiding party reached the spot. 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 put in a nip and was made into a sealed parcel. The tainted currency notes were recovered from the shirt pocket of the appellant. When the shirt pocket of the appellant was 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 in nip and was taken in possession.

(2.) AFTER completion of investigation and necessary formalities, challan was presented against the appellant. Charge was framed against the appellant under Sections 7 and 13(1)(d) punishable under Section 13(2) of the Act.

(3.) APPELLANT , when examined under Section 313 Cr. P.C. after the close of prosecution, prayed that he was innocent and had never demanded any gratification nor had accepted the same. He further prayed that he had been falsely involved in this case.