AMAR NATH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prosecution story, in brief, is that complainant Rajwinder Kaur had not been paid her salary for two months and she met the appellant in this regard on 13.9.1998 at his residence.

(2.) Appellant raised a demand of Rs. 1,000/- for releasing the salary of the complainant for the months of July and August 1998. The matter was settled at Rs. 500/-. Complainant met the Vigilance authorities on 14.9.1998 and a raid was organized. Complainant handed over five currency notes in the denomination of Rs. 100/- each to the Deputy Superintendent of Police ('DSP' for short) Mahal Singh, who returned the same to the complainant after application of phenolphthalein powder ('P-Powder' for short). Complainant was instructed to hand over the said currency notes to the appellant on demand. Demonstration with regard to working of the P-Powder was shown to the complainant as well as other witnesses. Avtar Singh, Store Keeper was joined as an official witness. Balwinder Kaur was nominated as a shadow witness and was instructed to accompany the complainant and give a signal to the raiding party after the bribe money was accepted by the appellant on demand.

(3.) Thereafter, complainant and shadow witness went to the office of the appellant. Complainant handed over the tainted currency notes to the appellant on demand. Appellant kept the said currency notes in his pant pocket. Cheque was issued by the appellant. On receipt of signal from Balwinder Kaur, DSP Mahal Singh as well as the remaining 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. When the pant pocket of the appellant was dipped in a solution of sodium carbonate, the colour of the solution turned pink. Rajwinder Kaur produced the cheuqe in the sum of Rs. 9676/- before DSP Mahal Singh and the same was taken in possession.