RAKESH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant had faced trial under Section 7 read with Section 13(2) of the Prevention of Corruption Act, 1988 ('Act' for short) in FIR No. 47 Dated 24.8.1999, registered at Police Station Vigilance Bureau, Patiala. The Trial Court vide impugned judgment/order dated 6.11.2006 ordered the conviction and sentence of the appellant under Section 7 read with Section 13(2) of the Act. Hence, the present appeal.

(2.) Prosecution story, in brief, is that complainant Randhir Singh had been sanctioned a loan to the tune of Rs. 8,000/- under the Rozgar Yojna Scheme. Complainant had received his installment of the loan amount to the tune of Rs. 4,000/-. However, when the complainant met the appellant with regard to his second loan installment to the tune of Rs. 4,000/-, the appellant demanded Rs. 800/- from him towards illegal gratification. On 23.8.1999, the matter was settled at Rs. 500/-. Complainant met the Deputy Superintendent of Police ('DSP' for short), Vigilance Bureau on 24.8.1999. Complainant and shadow witness Gurmail Singh were shown the demonstration with regard to working of the Phenolphthalein powder ('P-Powder' for short). The complainant handed over five currency notes in the denomination of Rs. 100/- each to the DSP. The said currency notes were returned to the complainant after application of P-Powder. Thereafter, the raiding party reached the office of the appellant along with other witnesses. Complainant and the shadow witness went to the office of the appellant. The remaining raiding party stayed behind.

(3.) Complainant handed over the tainted currency notes to the appellant on demand. The appellant kept the said currency notes in the pocket of his shirt. On receipt of signal from the shadow witness, the raiding party reached the spot. When the hands of the appellant were dipped in a solution of sodium carbonate by the DSP, the colour of the solution turned pink. The tainted currency notes were recovered from the table of the appellant as he had kept the same on the table from his shirt pocket on seeing the police party. When the shirt pocket of the appellant was dipped in a solution of sodium carbonate, the colour of the solution turned pink.