MUKHTIAR SINGH 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 14.2.1996 in FIR No.9 dated 12.3.1992 registered at Police Station City Malout.

(2.) Prosecution story, in brief, is that complainant Sukhdev Singh, physically handicapped son of Dalbir Singh, owned 5 acres of land. Electric motor was to be installed in the said land on priority basis as Sukhdev Singh was a handicapped person. Complainant required copy of the jamabandi in this regard. Complainant met the appellant for obtaining copy of the jamabandi. However, on 11.3.1992, appellant demanded Rs. 500/- as bribe from the complainant for supplying him copy of the jamabandi. Deal was settled at Rs. 300/-. Complainant approached the Vigilance department along with Kulwant Singh. Complainant handed over three currency notes in the denomination of Rs. 100/- each to the Inspector Vigilance, who returned the same to the complainant after application of Phenol Phthalein Powder (P-Powder for short).

(3.) Vigilance Inspector directed the complainant to hand over the said currency notes to the appellant on demand. Numbers of the currency notes were noted down by the Vigilance Inspector in a memo. Demonstration of working of P-Powder was shown to the complainant and Kulwant Singh. Kulwant Singh was directed to act as a shadow witness and give a signal to the raiding party after the bribe money was accepted by the appellant. A raid was organised.