INDU SHEKHAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant has preferred this appeal challenging his conviction and sentence for commission of offence punishable under Sections 7 read with 13 (1) (d) of the Prevention of Corruption Act, 1988 (for short 'the Act') as ordered by the trial court vide judgment/ order dated 23.3.2012/ 24.3.2012 in FIR No.52 dated 25.9.2008 registered at Police Station SVB Gurgaon.

(2.) Prosecution story, in brief, is that the complainant had met the appellant for extension of load from 7.5 H.P. to 15 H.P. with regard to his tubewell connection. Complainant had deposited the requisite file in the office of the Sub Divisional Officer. The said file was marked to the appellant. On 19.8.2008, complainant was directed by the Assistant Foreman to meet the appellant, who was also working as Assistant Foreman. On 24.9.2008, complainant met the appellant and he raised a demand of Rs. 12,000/- for doing the needful. Complainant approached the vigilance authorities. Deputy Superintendent of Police Ramesh Pal recorded the statement of the complainant and on the basis of the same, formal FIR was registered. Naib Tehsildar, Palwal was joined as an official witness.

(3.) Complainant produced twelve currency notes in the denomination of Rs. 1,000/- each before the Deputy Superintendent of Police, who returned the same to the complainant after application of Phenol Phthalein Powder and instructed the complainant to hand over the tainted currency notes to the appellant on demand. Head Constable Rambir Singh was appointed as a shadow witness and was directed to give a signal to the raiding party after the bribe money was accepted by the appellant and thereafter, the raiding party left for the raid. Complainant met the appellant in his office and he asked him as to whether he had brought the money. When the complainant answered in the affirmative then the appellant took the complainant towards Rasulpur Road. Complainant was taken by the appellant to his house in New Extension Colony, Palwal. Appellant directed the complainant to keep the money in the file. Thereafter, complainant sat in the drawing room. Appellant kept the file in the almirah. Complainant was dropped at Rasulpur turn by the appellant by assuring him that his work would be done. Then appellant proceeded towards Alawalpur. Complainant then came to Agra Chowk and informed the vigilance authorities that he had kept the money in the file at the asking of the appellant. Complainant accompanied the vigilance party towards Alawalpur and on the way, at railway crossing, appellant was apprehended. During interrogation, appellant suffered his disclosure statement and got recovered the bribe money from his almirah. The tainted currency notes were taken in possession.