PARKASH GUPTA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant had faced the trial qua commission of offence punishable under Section 7 and 13(1)(d) of the Prevention of Corruption Act, 1988 ('Act' for short) in FIR No. 20 Dated 6.6.2002, registered at Police Station S.V.B., Ambala. The Trial Court vide impugned judgment/order dated 11.7.2005 ordered the conviction and sentence of the appellant under Section 7 and 13(1) (d) of the Act. Hence, the present appeal by the appellant.

(2.) Prosecution story, in brief, is that on 6.6.2002, complainant Yash Pal Singh approached the Vigilance Bureau alleging that he had installed a sugarcane crusher and had got an electricity connection in his name. On 6.5.2002, complainant had gone to the office of Sub Divisional Officer Electricity Board to make the payment of the electricity bill. Complainant met the appellant in his office and was told that he had to deposit Rs. 7,000/- towards penalty. Complainant requested the appellant that he wanted to get the said amount waived. In this regard, appellant demanded Rs. 2,500/- as bribe from the complainant and assured the complainant that he would get the penalty waived.

(3.) Deputy Superintendent of Police ('DSP' for short) organized a raid on the basis of the statement of the complainant. Nafe Singh was joined as an official witness. Complainant handed over five currency notes in the denomination of Rs. 500/- each to the DSP, who returned the same to the complainant after application of Phenolphthalein powder. The complainant was directed to hand over the said currency notes to the appellant on demand. Constable Jarnail Singh was directed 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. Thereafter, the raiding party reached the office of the appellant. Complainant and the shadow witness entered the office of the appellant. Complainant handed over the tainted currency notes to the appellant on demand. On receipt of signal from the shadow witness, the remaining raiding party entered the office of the appellant. 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 shirt pocket of the appellant. When the said shirt pocket was dipped in a solution of sodium carbonate, the colour of the solution turned pink.