SUCHA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant had faced trial for commission of offence punishable under Section 7, 13(2) of the Prevention of Corruption Act, 1988 ('Act' for short) in FIR No. 56 Dated 30.8.2005, registered at Police Station Vigilance Bureau, Amritsar. The Trial Court vide impugned judgment/order dated 23.10.2008 ordered the conviction and sentence of the appellant under Section 13(2) of the Act. Appellant was acquitted of the charge framed against him under Section 7 of the Act vide the impugned judgment. Hence, the present appeal.

(2.) Prosecution story, in brief, is that FIR No. 120 dated 22.8.2005 was registered against Dilbagh Singh under Section 377 of the Indian Penal Code ('IPC' for short) at Police Station Ramdass. Dilbagh Singh was lodged in Central Jail, Amritsar. Motor cycle bearing No. PB-14-A-8650 of Dilbagh Singh was taken in police custody. An application was moved by complainant Sukhdev Singh for release of the motor cycle on sapurdari. On 29.8.2005, complainant along with Dalip Singh went to Police Station Ramdas and met the appellant and requested him to make the report on the application moved by him for release of the motor cycle on sapurdari. Appellant raised a demand of Rs. 10,000/- for making the report. However, the matter was settled at Rs. 5,000/-. Thereafter, complainant approached the Vigilance Department. Complainant produced 10 currency notes in the denomination of Rs. 500/- each before Deputy Superintendent of Police ('DSP'' for short) Kashmir Singh. The said currency notes were handed over by the DSP to the complainant after they were smeared with phenolphthalein powder ('P-Powder' for short) so that the complainant could hand over the same to the appellant on demand. Dalip Singh was instructed to act as a shadow witness. Complainant and the shadow witness were shown the demonstration with regard to working of P-Powder by the DSP. Thereafter the complainant and the shadow witness went to the house of the appellant.

(3.) Complainant handed over the tainted currency notes to the appellant on demand and he kept the same under the empty box in the kitchen. On receipt of signal from the shadow witness, DSP along with the remaining raiding party reached the spot. When the hands of the appellant were dipped in the solution of sodium carbonate, the colour of the solution turned pink. The tainted currency notes were found under the empty box kept in the kitchen. When the left pocket of the trouser of the appellant was also got washed in a solution of sodium carbonate, the colour of the solution turned pink. Thus, the case of the prosecution was that the appellant had kept the tainted currency notes in his left pant pocket and had, thereafter, hidden the same under the empty box which was lying on the shelf in the kitchen.