MAHIPAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) PROSECUTION story, in brief, is that complainant Aman Kumar had made a complaint to the Sub Divisional Officer on account of incorrect meter reading. The said complaint was marked to Rajpal. While the complainant was going to hand over the application to Rajpal, he met the appellant. Appellant demanded Rs. 200/ - from the complainant to do the needful. Thereafter the complainant met the vigilance authorities. Complainant handed over four currency notes in the denomination of Rs. 50/ - each to PW -5 O.P. Singh who returned the same to the complainant after application of phenolphthalein powder. Complainant was directed to hand over the said currency notes to the appellant on demand. Jasmer Singh was joined as a shadow witness and he was instructed to give a signal to the raiding party after the tainted currency notes were received by the appellant from the complainant on demand. Complainant and the shadow witness entered the office of the appellant whereas the remaining raiding party stayed behind. Complainant handed over the tainted currency notes to the appellant on demand who kept the same in the right pocket of his pant. On receipt of signal from Head Constable Roshan Lal, PW -5 along with the members of the 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. Currency notes were recovered from the pocket of the pant of the appellant. When the pant pocket 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, 13(1) 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: -