SATPAL 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 23.8.2001 in FIR No.10 dated 5.3.1999 registered at Police Station Vigilance Bureau Patiala, Range Patiala Prosecution story, in brief, is that complainant Shamsher Singh had mortgaged 9 bighas of land with Charan Singh for Rs. 60,000/-. Thereafter, he got the said land redeemed and has started cultivating the same himself. Charan Singh and his brother-in-law Kirpal Singh came to the fields of Shamsher Singh along with police officials. Proceedings under Sections 107 and 151 of the Code of Criminal Procedure, 1973 were initiated against the complainant and possession of the land was taken by the mortgagee. The security proceedings were pending in the court of Executive Magistrate, Fatehgarh Sahib. On 13.2.1997, the case was adjourned to 4.3.1997. On the adjourned date, complainant kept on waiting for his case up to 4.30 P.M. but his case was not called. Complainant met the appellant at 4.30 P.M. and inquired about his case. Appellant told the complainant that his case was fixed for 5.3.1997 and demanded Rs. 400/- from him for getting the proceedings dropped against him from the officer. The matter was settled at Rs. 200/- . Complainant met the vigilance department and a raid was organised. Complainant handed over two currency notes in the denomination of Rs. 100/- each to Deputy Superintendent of Police , who, in turn, returned the same to the complainant after application of Phenol Phthalein Powder (PPowder for short) on them.

(2.) Complainant was directed to hand over the tainted currency notes to the appellant on demand. Thereafter the raiding party reached the office of the appellant. Jagdish Singh was deputed to act as a shadow witness and was instructed to give a signal to the raiding party after the bribe money was accepted by the appellant. Ujaggar Singh, Company Commander, Home Guard Fatehgarh Sahib was joined as an official witness. Thereafter, the complainant and the shadow witness went to the office of the appellant, whereas, the remaining raiding party stayed behind.

(3.) Complainant handed over the tainted currency notes to the appellant on demand. Appellant kept the said currency notes in the drawer of his table. On receipt of signal from the shadow witness, the remaining raiding party entered the office of the appellant. When the fingers of the appellant were dipped in a solution of sodium carbonate, the colour of the solution turned pink.