SIRI KISHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant has preferred this appeal challenging his conviction and sentence for commission of offence punishable under Section 7 and 13 of the Prevention of Corruption Act, 1988 (for short 'the Act') as ordered by the trial Court vide judgment/ order dated 3.1.2004 in FIR No.411 dated 10.8.1997 registered at Police Station Hodal.

(2.) Prosecution story, in brief, is that complainant Lakhan Lal was working in a shop at new Grain Market. Appellant was working as a secretary, Market Committee and had taken papers of their shop. When the complainant contacted the appellant for return of the papers, appellant demanded Rs. 3,000/- as bribe. Complainant along with Nanak Chand approached the Deputy Commissioner.

(3.) Complainant was directed to contact Sub Divisional Magistrate and further advised to reach police station Hodal. Sub Divisional Magistate took currency notes of Rs. 3,000/- from the complainant i.e. 30 currency notes in the denomination of Rs. 100/- each, which were duly signed by the complainant. Sub Divisional Magistrate also initialed the said currency notes. Thereafter, the said currency notes were handed over to the complainant and he was instructed to hand over the same to the appellant on demand. Nanak Chand was instructed 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 on demand. Thereafter, the raiding party reached the office of the appellant. Complainant went inside the office of the appellant and gave him the bribe money in question. On receipt of signal from the shadow witness Nanak Chand, Deputy Superintendent of Police along with the raiding party reached the spot. The tainted currency notes were recovered from the left shirt pocket of the appellant and the same were taken in possession.