DIAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant was tried qua commission of offence punishable under Section 7 read with Section 13(d) of the Prevention of Corruption Act, 1988 (for short 'the Act') in FIR No. 35, dated 26.6.1995 registered at Police Station Vigilance Bureau, Patiala Range, Patiala. The trial Court vide judgment/order dated 03.11.2001 ordered the conviction and sentence of the appellant under Section 7 read with Section 13(d) of the Act. Hence, the present appeal by the appellant.

(2.) Prosecution story, in brief, is that the complainantGurnam Singh had approached the appellant for sanction of his mutation which had been rejected about nine months back.

(3.) Appellant,however, raised a demand of Rs. 700/- as illegal gratification from the complainant for doing the needful. In this regard, complainant approached the Vigilance Department. Complainant handed over seven 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 Phenolphthalein powder ('P.Powder' for short). Balaur Singh was deputed to act as a shadow witness and was directed to give a signal to the raiding party after the bribe money were accepted by the appellant on demand from the complainant. The complainant and shadow witness were shown the demonstration of working of P.Powder. Thereafter, the Deputy Superintendent of Police along with complainant and shadow witness and other police officials left for the raid. Gurmukh Singh, Junior Assistant was joined as official witness on the way to the Office of the appellant. Complainant and shadow witness entered the Office of the appellant, whereas, the remaining raiding party stayed behind. Complainant handed over the tainted currency notes to the appellant on demand and the same were kept by him (appellant) in the pocket of his shirt. On receipt of the signal from the shadow witness, the remaining raiding party reached the spot. The Deputy Superintendent of Police introduced himself to the appellant.