GURPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Vide this judgment, the above-mentioned two appeals would be disposed of as they have arisen out of judgment/order dated 21-12-2005 passed by the trial Court whereby accused-Gurpal Singh was convicted and sentenced qua commission of offence punishable under Section 7 of the Prevention of Corruption Act, 1988 (for short 'the Act') in FIR No. 21, dated 5.4.2000 registered at Police Station Vigilance Bureau, Jalandhar.

(2.) Prosecution story, in brief, is that Gian Kaur, mother of the complainant-Jasprit Kaur had served as a School Teacher and had retired in the year 1999. Before leaving for Canada, Gian Kaur moved an application for revision of her pay. The said application was being pursued by the complainant. In this regard, complainant met the appellant 2-3 times but he postponed the matter on one pretext or the other. In March, 2000, complainant accompanied by Paramjit Singh met the appellant and he raised a demand of Rs. 2,000/- for doing the needful. The matter was settled at Rs. 1000/-. On 05.04.2000, the complainant approached the Vigilance Bureau. Complainant handed over ten currency notes in the denomination of Rs. 100/- each to the Deputy Superintendent of Police Vigilance, who in turn returned the same to the complainant, after application of Phenolphthalein powder ('P.Powder' for short). Paramjit Singh was directed to act as a Shadow witness and was directed to give signal to the raiding party after the bribe money was accepted by the appellant. Working of P.Powder was shown to the witnesses.

(3.) Harminder Singh, Naib Tehsildar and Gurdev Ram,Assistant SLAC were joined as official witnesses. Thereafter, the raiding party left for the spot . Complainant and shadow witness went inside the office of the appellant. Appellant was handed over the tainted currency notes by the complainant on demand and he kept the same in the pocket of his trouser. On receipt of signal from the shadow witness, the Deputy Superintendent of Police along with 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. The said solution was put in nip and was made into a sealed parcel.