SUMER CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant has preferred this appeal challenging his conviction and sentence for commission of offence punishable under Section 7 and 13 of the Prevention of Corruption Act, 1988 (for short 'the Act') as ordered by the trial Court vide judgment/ order dated 3.8.2004 in FIR No. 15 dated 16.8.2000 registered at Police Station Vigilance Bureau, Ambala.

(2.) Prosecution story, in brief, is that electricity connection in the house of complainant Saravjit Singh was in the name of his father Nishan Singh. On 11.8.2000, a raid was conducted by the officials of the Uttar Haryana Bijli Nigam (Nigam for short). It was found that the consumer was committing theft of electricity. Notice was received by father of the complainant on 12.8.2000 and he was required to deposit 4,440/- by way of penalty. The said amount was deposited by the complainant in the office of the Nigam. Thereafter, appellant contacted the complainant and demanded Rs. 2,000/- from him for getting the amount of penalty reduced. On 16.8.2000, complainant approached the Vigilance Bureau. Deputy Superintendent of Police (DSP for short) Ravi Azad recorded the statement of the complainant and on the basis of the same, formal FIR was registered. A raid was organised. Complainant handed over four currency notes in the denomination of Rs. 500/- to the DSP, who, in turn, returned the same to the complainant after application of Phenol Phthalein Powder (PPowder for short). Complainant was directed to hand over the tainted currency notes to the appellant on demand. Sultan 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. Prem Chand was joined as an official witness.

(3.) Demonstration of the working of the P-Powder was shown to the witnesses. Thereafter, the raiding party left for the raid. Complainant and the shadow witness met the appellant outside the complaint centre. Complainant handed over the tainted currency notes to the appellant on demand. Appellant kept the same in the right pocket of his shirt. On receipt of signal from the shadow witness, DSP along with remaining raiding party reached the spot. When the fingers of the appellant were dipped in a solution of sodium carbonate, colour of the solution turned pink. The said solution was put in a nip and was made into a sealed parcel and was taken in police possession. The tainted currency notes were recovered from the right pocket of the shirt of the appellant and the numbers of the same were tallied with the numbers already noted down in the memo and were taken in possession. When the shirt pocket of the appellant was dipped in a solution of sodium carbonate, colour of the solution turned pink. The said solution was put in a nip and was made into a sealed parcel and was taken in police possession.