KANSHI RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant has preferred this appeal challenging his conviction and sentence for commission of offence punishable under Sections 7 of the Prevention of Corruption Act, 1988 (for short 'the Act') as ordered by the Special Judge vide judgment/ order dated 2.5.2003 in FIR No.22 dated 6.5.1997 registered at Police Station Vigilance Bureau, Ferozepur Range, Ferozepur.

(2.) Prosecution story, in brief, is that Khushal Singh, father of complainant Darshan Singh, had applied for a electric connection in the year 1983. A demand notice was received by Khushal Singh in the year 1997. He deposited Rs. 4,000/- as per the said notice. Complainant Darshan Singh met the appellant for release of the connection. Appellant demanded Rs. 2,000/- from the complainant for doing the needful. The deal was settled at Rs. 1,000/-. Complainant then approached the Vigilance Bureau along with Chanan Singh. Deputy Superintendent of Police Sukhdev Singh recorded the statement of the complainant and on the basis of the same, formal FIR was registered. Complainant handed over ten currency notes in the denomination of Rs. 100/- each to the Deputy Superintendent of Police, who, in turn, returned the same to the complainant after application of Phenol Phthalein Powder (P-Powder for short).

(3.) Complainant was directed to hand over the tainted currency notes to the appellant on demand. Chanan Singh was instructed to act as a shadow witness and was directed to give a signal to the raiding party after the bribe money was accepted by the appellant on demand. Demonstration of the working of the P-Powder was shown to the witnesses. Janak Singh was joined as an independent witness. Thereafter, the raiding party left for the raid. Complainant and the shadow witness entered the office of the appellant. Complainant handed over the tainted currency notes to the appellant on demand.