VED KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PROSECUTION story, in brief, is that complainant Prem Singh had approached the electricity department for release of electricity connection to his residence. In this regard, complainant had deposited the necessary charges. Appellant, who was working as a Junior Engineer at that time, along with Raman Kumar, Junior Engineer came to inspect the site. Appellant demanded Rs. 2,000/ - from the complainant for release of his connection. The deal was settled at Rs. 1,500/ -. Thereafter, complainant approached vigilance authorities. Complainant produced two currency notes in the denomination of Rs. 500/ - each and five currency notes in the denomination of Rs. 100/ - each before Deputy Superintendent of Police ('DSP for short) Rajwant Kumar, who, in turn, returned the same to the complainant after application of phenolphthalein powder ('P -Powder' for short). Complainant was directed to hand over the said currency notes to the appellant on demand. Mohan Singh, Assistant Controller and Manjit Singh Assistant Engineer were joined as official witnesses. Ashwani Kumar was nominated as a shadow witness and was instructed to give a signal to the raiding party after the bribe money was accepted by the appellant on demand. Demonstration with regard to working of the P -Powder was shown to the witnesses. Thereafter, the raiding party left for the office of the accused. Complainant as well as the shadow witness went inside the office of the appellant. Complainant handed over the tainted currency notes to the appellant on demand, who kept the same in his left pocket of his trousers. On receipt of signal from the shadow witness, DSP Rajwant Kumar along with other members of the raiding party reached the spot. When the fingers of the appellant were dipped in a solution of sodium carbonate, the colour of the solution turned pink. Tainted currency notes were recovered from the left pocket of the trousers of the appellant. The numbers of the currency notes were tallied with the numbers mentioned in the memo already prepared and the numbers of the currency notes tallied. When the left pocket of the trousers of the appellant was dipped in a solution of sodium carbonate, the colour of the solution turned pink. After completion of investigation and necessary formalities, challan was presented against the appellant.

(2.) CHARGE was framed against the appellant under Section 7 read with Section 13(1)(d) and 13(2) of Prevention of Corruption Act, 1988 ('Act' for short).

(3.) APPELLANT when examined under Section 313 of the Code of Criminal Procedure, 1973, after the close of prosecution evidence, prayed as under: -