SAHAB SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant had faced trial in FIR No.23 dated 10.03.1996 under Sections 7 and 13 of the Prevention of Corruption Act, 1988, registered at Police Station Sahlawas.

(2.) Prosecution story, in brief, is that the accused had demanded bribe to the tune of Rs. 1,000/- from the complainant Dhan Singh for change of transformer. Complainant approached the Deputy Commissioner, Panipat in this regard on 10.03.1996. The complaint was forwarded to the Additional Deputy Commissioner ('ADC' for short). The ADC then called Sub-Divisional Magistrate as well Additional Superintendent of Police and a raid was organized. Suraj Bhan was deputed 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 from the complainant. Before proceeding for the raid, complainant handed over six currency notes in the denomination of Rs. 100/- each and four notes in the denomination of Rs. 50/- each to the Additional Superintendent of Police, who returned the same to the complainant after application of phenolphthalein powder ('P. powder' for short) and the complainant was directed to hand over the said currency notes to the appellant on demand. Thereafter, complainant as well as the shadow witness went to the house of the accused and complainant paid the tainted currency notes to the appellant on demand. On receipt of signal from the raiding party, Additional Superintendent of Police, along with the other members of the 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. Tainted currency notes were recovered from the right shirt pocket of the appellant. When the said pocket was dipped in a solution of sodium carbonate, the colour of the solution turned pink. The hand wash solution as well as the pocket wash solution were put in nips and were made into sealed parcels and were taken in possession.

(3.) After completion of investigation and necessary formalities, challan was presented against the appellant.