JAGDEV 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 20.8.2010 in FIR No.18 dated 10.6.2005 registered at Police Station Vigilance Bureau, Bathinda.

(2.) Prosecution story, in brief, is that on 9.6.2005, complainant Jagjit Singh met the appellant in the village. Appellant demanded Rs. 5,000/- as bribe for release of the temporary connection to the complainant. The deal was settled at Rs. 4,000/-. Complainant approached the vigilance department. Complainant stated that he was an agriculturist and owned 7-8 killas of land. Complainant had moved an application on 16.5.2005 accompanied with necessary documents for release of the temporary connection. However, the appellant had raised a demand of bribe from him.

(3.) On the basis of the statement of the complainant a raid was organised by the vigilance department. Makhan Singh was deputed to act as a shadow witness and was directed to give a signal to the raiding party after the bribe money was accepted by the appellant on demand. Deputy Superintendent of Police took seven currency notes in the denomination of Rs. 500/- each and five currency notes in the denomination of Rs. 100/- each from the complainant and returned the same to him after application of Phenol Phthalein Powder (P-Powder for short). Complainant was directed to hand over the tainted currency notes to the appellant on demand. Amrit Lal was joined as an official witness. Witnesses were shown the demonstration of the working of the P-Powder. Thereafter, the raiding party reached the office of the appellant. The complainant and the shadow witness went inside the office of the appellant. Remaining raiding party, however, stayed behind. Complainant handed over the tainted currency notes to the appellant on demand and the same were kept by the appellant in his pocket of the T-shirt.