BALBIR 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, 13 (1) (a) and 13 (2) of the Prevention of Corruption Act, 1988 (for short 'the Act') as ordered by the Special Judge vide judgment/ order dated 23.3.2004 in FIR No. 35 dated 8.7.1999 registered at police station Vigilance Bureau, Jalandhar.

(2.) Prosecution story, in brief, is that complainant Sukhdev Singh had met the appellant in connection with tubewell connection on 23.6.1999. Appellant, who was working as Junior Engineer, demanded Rs. 1,000/- as bribe from the complainant for release of the connection. The deal was settled at Rs. 800/-. Complainant along with Darshan Singh approached the office of Vigilance Bureau. Deputy Superintendent of Police Swinder Singh recorded the statement of the complainant and on the basis of the same formal FIR was registered. Complainant handed over three currency notes in the denomination of Rs. 100/- each and one currency note in the denomination of Rs. 500/- to the Deputy Superintendent of Police, who returned the same to him after applying Phenol Phthalein Powder (PPowder for short). Gurlaljit Singh was joined as official witness.

(3.) Demonstration of working of P-Powder was shown to the witnesses by the Deputy Superintendent of Police. Complainant was instructed to hand over the tainted currency notes to the appellant on demand.