JOGINDER RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant-Joginder Ram has directed the present appeal against the judgment and order dated 21.2.2003 passed by learned Special Judge, Bathinda vide which accused/appellant has been convicted under Section 7 read with Section 13(2) of the Prevention of Corruption Act, 1988 (in short - the Act) and sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.1000/-. In default of payment of fine to further undergo rigorous imprisonment for a period of one month.

(2.) The brief facts of the prosecution case are that on 15.10.1990 sister of complainant Jasbir Kaur was injured by the Terrorist and she became handicapped by the arm. A case under Section 307 of the Indian Penal Code (in short the IPC) was registered. His sister was Matriculate, therefore, she applied for service and her application was marked from Chandigarh to Deputy Commissioner, Bathinda. Joginder Ram-accused was working as Clerk in the Rehabilitation Branch of the office of Deputy Commissioner, Bathinda and the complainant met the accused-appellant in connection with the services of his sister. He had been paying certain amounts to the accused on his every visit to the office of Deputy Commissioner but the accused had been putting off the matter on one pretext or another. On 1.8.1997 when he met the accused in his office, the accused demanded Rs.5000/- from him as illegal gratification. He told him that he is a poor man and is unable to pay the desired money and as such the accused agreed to reduce the bribe amount to Rs.4000/-. He then talked to Darshan Singh PW-2, who advised him to report the matter to the Vigilance Police. On 4.8.1997 complainant along with Darshan Singh went to the office of DSP Vigilance, Bathinda and met DSP Mehal Singh and got recorded his statement, who after making endorsement sent the same to the Vigilance Bureau, Ferozepur Range Ferozepur where on its basis formal FIR was registered. He also handed over eight currency notes of the denomination of Rs.500/- each to the DSP Mehal Singh, who after treating the same with phenolphthalein powder, returned the same to him for passing the same to the accused. Similarly PW Darshan Singh was instructed by the DSP Vigilance to watch the proceedings and to hear the conversation in between the complainant and the accused as well as to give signal after the amount is accepted by the accused. Demonstration of solution was also shown to them by DSP. An official witness Rupinder Singh, Drafts Man of the office of Xen, Public Health, Division No.1, Bathinda was also associated in the raiding party as an official witness. He was introduced with the other witnesses. The raiding party then left for the Govt. Quarter of the accused. The police party stayed behind whereas the complainant and Darshan Singh witness went to the quarter of the accused, who was present there. He paid Rs.4000/- to the accused on his demand and the accused put the same in his pocket and then the required signal was given to the police party by Darhsan Singh PW and the police party raided the quarter of the accused. DSP Mehal Singh disclosed his identity as DSP Vigilance and also disclosed the accused about the purpose of raid.

(3.) Thereafter, the DSP summoned a clean glass of water in which sodium carbonate was added and with that solution, firstly the hands of Rupinder Singh PW were got washed but the colour of the solution did not change but when with the same solution the hands of accused Joginder Ram were washed, the colour of the solution turned to light pink. The Investigating Officer also prepared rough site plan of the place of occurrence. On return to the police station, the case property was deposited with the MHC. After completion of the investigation of the case and obtaining requisite sanction from the Competent Authority, challan against the accused was presented in the Court for trial.