DARA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant had faced trial for commission of offence punishable under Section 7, 13(2) of the Prevention of Corruption Act, 1988 ('Act' for short) in FIR No. 12 Dated 27.3.2003, registered at Police Station Vigilance Bureau, Jallandhar. The learned Special Judge vide impugned judgment/order dated 21.9.2005/24.9.2005 ordered the conviction and sentence of the appellant under Section 7 and 13(2) of the Act. Hence, the present appeal by the appellant.

(2.) Prosecution story, in brief, is that Ram Lal complainant owned 6 acres of land. Ram Lal purchased the said land in the year 1973-74. The case with regard to the said land was pending in the Court of Chief Judicial magistrate. For the said purpose, complainant required copy of the jamabandi. On 26.3.2003, complainant met the appellant for the purpose of obtaining the copy of jamabandi in his house at village Boolpur. When the complainant requested the appellant to supply him copy of the jamabandi, the appellant raised a demand of Rs. 1500/-. The matter was settled at Rs. 1000/-. Complainant approached the Vigilance Department along with Dalbir Singh on 27.3.2003 in this regard.

(3.) Harkamal, Pritpal Singh and Balbir Singh were joined as independent witnesses. Complainant handed over two currency notes in the denomination of Rs. 500/- each to Deputy Superintendent of Police, who, in turn, returned the same to the complainant after application of phenolphthalein powder ('PPowder' for short) to the said currency notes. Complainant was directed to hand over the said currency notes to the appellant on demand. Demonstration with regard to working of P-Powder was shown to the witnesses. Dalbir Singh was directed to act as a shadow witness and was directed to give a signal to the raiding party after the tainted currency notes were accepted by the appellant on demand. Thereafter, the raiding party left for the raid.