SURJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant has preferred this appeal challenging his conviction and sentence for commission of offence punishable under Sections 7 and 13 (2) of the Prevention of Corruption Act, 1988 (for short 'the Act') as ordered by the Special Judge vide judgment/ order dated 13.3.2004 in FIR No.56 dated 30.11.2000 registered at police station vigilance bureau, Patiala.

(2.) Prosecution story, in brief, is that complainant Harbans Singh had met the appellant for supply of a copy of jamabandi on 30.11.2000. Appellant, who was working as patwari, demanded Rs. 600/- as bribe from the complainant for doing the needful. The deal was settled at 400/-. Complainant along with Varinder Singh approached the office of Vigilance Bureau. Deputy Superintendent of Police Ranjit Singh Dhillon recorded the statement of the complainant and on the basis of the same formal FIR was registered. Complainant handed over four currency notes in the denomination of Rs. 100/- each to the Deputy Superintendent of Police, who returned the same to him after applying Phenol Phthalein Powder (P-Powder for short). Demonstration of working of P-Powder was shown to the witnesses by the Deputy Superintendent of Police. Complainant was instructed to hand over the tainted currency notes to the appellant on demand. Varinder Singh was appointed as a shadow witness and was instructed to give a signal to the raiding party after the bribe money was accepted by the appellant on demand. Gurcharan Lal and Kesar Singh were joined as independent witnesses. Thereafter, the raiding party left for the raid. Complainant as well as the shadow witness went inside the office of the appellant. Complainant handed over the tainted currency notes to the appellant on demand.

(3.) Appellant kept the same in his right pant pocket. On receipt of signal from the shadow witness, Deputy Superintendent of Police along with other members of the raiding party reached the spot.