LAWS(P&H)-2013-12-573

HAZARI LAL GAUR Vs. STATE OF HARYANA

Decided On December 18, 2013
HAZARI LAL GAUR Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) Appellant had faced trial in FIR No. 282 dated 19.7.2002 under Section 7 read with Section 13 of Prevention of Corruption Act, 1988 ('Act' for short), registered at Police Station Hathin.

(2.) Prosecution story, in brief, is that complainant Jatinder Singh had moved an application for grant of electricity connection. Appellant, however, raised a demand of Rs. 500/-. Complainant approached Inder Singh Saini, Deputy Superintendent of Police ('DSP' for short) on 17.7.2002 and he registered formal FIR on the basis of statement of the complainant. Raid could not be organized on the said day as the appellant was not available. On the next day, the complainant again informed the DSP that appellant was not present in the office and had gone to do the field work. Then on 19.7.2002, raid was organized by the DSP. Complainant handed over five currency notes in the denomination of Rs. 100/- each to the DSP, who returned the same to the complainant after application of phenolphthalein powder ('P-Powder' for short). The said currency notes were duly initialed by the Sub Divisional Magistrate.

(3.) Davinder Singh was deputed to act as a shadow witness and was instructed to give a signal to Head Constable Raj Pal after the bribe money was accepted by the appellant on demand. Head Constable Raj Pal was further directed to give a signal to raiding party after receiving the signal from the shadow witness. Rakesh Kumar, Sub Divisional Magistrate was joined as an official witness.