BRIJ BHUSHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant has preferred this appeal challenging his conviction and sentence for commission of offence punishable under Section 7 of the Prevention of Corruption Act, 1988 (for short 'the Act') as ordered by the Special Judge vide judgment/ order dated 8.12.2003/ 9.12.2003 in FIR No.173 dated 19.11.2001 registered at Police Station Chhachhrauli.

(2.) Prosecution story, in brief, is that complainant Krishan Lal had purchased 1 acre land from Samay Singh in June, 2001. After six months, complainant met the appellant and requested him to supply copies of the revenue record and also sought change of the entries in the khasra girdawari in favour of the purchasers. Appellant demanded Rs. 600/- from the complainant as bribe. Complainant told the appellant that he would pay money to him on 19.11.2001. Complainant met the vigilance authorities along with shadow witness Mange Ram on 19.11.2001. Complainant handed over six currency notes in the denomination of Rs. 100/- each to the Deputy Superintendent of Police. D.P.Jangra, District Food and Supplies Controller was joined as an official witness for the raid. Complainant and the witnesses were shown the demonstration of the working of the Phenol Phthalein Powder (P-Powder for short). Thereafter the complainant and the other witnesses along with police officials left for the office of the appellant. The complainant and the shadow witness went inside the office of the appellant. Complainant handed over the tainted currency notes to the appellant on demand. Thereafter, on receipt of signal from the shadow witness, the remaining raiding party reached the office of the appellant. On the personal search of the appellant, six tainted currency notes were recovered from the left pocket of his pant . The tainted currency noted were taken in possession. When the hands and pant pocket of the appellant were washed in a solution of sodium carbonate, the colour of the solution turned pink.

(3.) After completion of investigation and necessary formalities, challan was presented against the appellant. Charge was framed against the appellant for commission of offence punishable under Section 7 of the Act on 2.7.2002.