JAGDISH CHANDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Inspector of Police stands convicted for offence punishable under Section 7/13 of the Prevention of Corruption Act and was sentenced to undergo rigorous imprisonment for 3 1/2 years coupled with fine Rs. 5,000/-. In default of payment of fine, he was further required to undergo rigorous imprisonment for six months. He is in appeal before the Court against his conviction and the sentence as imposed.

(2.) The appellant was working as Inspector Police, CIA Staff Rohtak in the year 2002, where he was posted on 17.05.2002. The appellant remained on this post till 17.08.2002 and thereafter was transferred. On 02.09.2002, one Bhagwat Swarup moved an application before the Superintendent of Police, Rohtak alleging that the appellant used to collect money from him as he was dealing with Sattabazi (gambling). As per the complainant, he had left this habit and now he was working as vegetable vender for about 4/5 months. As per the complainant, he stopped the payment of money to the appellant as he had discontinued gambling. On this count, he was falsely implicated in two cases. One was under Gambling Act, 1967 and another under Section 160 of the Indian Penal Code. In his complaint, he had further mentioned that the Inspector had threatened him to falsely implicated in some other cases, if his demand of money was not met.

(3.) It is alleged that 10-12 days prior to the date of the application, the appellant had demanded sum of Rs. 8,000/- from the complainant. He was not willing to pay this amount. The complainant had, accordingly, moved an application before the District Magistrate, Rohtak to depute the Magistrate to accompany them. Naib Tehsildar was detailed to join as official witness. Though this was not stated in the complaint but is disclosed now before the Court that the complainant had paid sum of Rs. 5,000/- to the appellant on 12.08.2002 and the remaining amount was yet to be paid. It is in this background, he was asked to produce sum of Rs. 3000/- before the Deputy Superintendent of Police, Hukam Singh. The currency notes were, accordingly, arranged and made available, which were applied with Phenolpathlein powder. Naib Tehsildar who was detailed as independent witness by the DSP put his initials and handed over the currency notes to the complainant for being given to the appellant. One Pardeep Kumar was joined in the raiding party to act as shadow witness. He was told to give signal to the police party once the bribe amount was handed over to the appellant.