SAT PAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant had faced trial qua commission of offence punishable under Section 7 read with Section 13(2) of the Prevention of Corruption Act, 1988 (for short 'the Act') in FIR No. 25, dated 22.4.1997 registered at Police Station Vigilance Bureau, Patiala . The trial Court vide judgment/order dated 18.4.2003 ordered the conviction and sentence of the appellant under Section 13(2) of the Act. Hence, the present appeal by the appellant.

(2.) Prosecution story, in brief, is that complainantHarsimran Kaur was posted as Ayurvedic Medical Officer, Bakhlaur in District Nawanshahar. Appellant was posted at Jalandhar as District Ayurvedic and Unani Officer. Complainant had applied on 26.3.1997 for grant of casual leave for 27th and 29th March 1997 as 28th March was a holiday. She had sent her leave application by post. Complainant joined back her duty on 30.3.1997. On 09.04.1997, complainant received a notice from the appellant with regard to her absence from duty from 27th to 29th March, 1997. Complainant sent her reply by post to the said notice on 10.4.1997. On the said day, a meeting was fixed at Jalandhar. Nothing was said to the complainant by the appellant in the meeting but her salary was withheld on oral instructions. When complainant again went on 21.4.1997 to receive her salary, she was made to seek pardon by touching her ears. However, the complainant refused to do so as she had not committed any mistake. When complainant demanded her salary from the appellant, Rs. 12,000/- were demanded as bribe from her. Complainant was told that in case, she sought pardon, only then her leave would be granted and salary would be released to her, otherwise, she would lose her job. The matter was settled at Rs. 10,000/-. The complainant was asked to pay Rs. 6000/- from her salary which was agreed to be paid to her by the appellant. Complainant was directed to pay the bribe money to the appellant on 22.4.1997 near his house at Ludhiana. Complainant approached the Vigilance Department. The Deputy Superintendent of Police took twelve currency notes in the denomination of Rs. 500/- each from the complainant and returned the same to her after application of Phenolphthalein powder ('P.Powder' for short). The numbers of currency notes were noted down in the memo. Complainant was directed to hand over the said currency notes to the appellant on demand. Kamaljit Singh was deputed to act as a Shadow witness and was directed to accompany the complainant at the appointed place and gave a signal to the raiding party after the bribe money was accepted by the appellant.

(3.) Thereafter, the raiding party reached the spot . On the way, Ram Sarup Shori, Junior Engineer, was joined with the raiding party. Complainant along with Kamaljit Singh reached the spot where appellant was present. Appellant inquired from the complainant as to whether she had brought the bribe money. Complainant answered in the affirmative. Appellant took tainted currency notes from the complainant and kept the same in the dickey of the Scooter. On receipt of signal from the shadow witness, the Deputy Superintendent of Police along with remaining 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. The tainted currency notes were recovered from the dickey of the Scooter. The numbers of the said currency notes were got tallied with the numbers mentioned in the memo already prepared and consequently, currency notes were taken in police possession. After completion of investigation, challan was presented against the appellant.