RANDHIR SINGH ALIAS PAPPU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By way of this appeal, appellant has challenged his conviction and sentence as ordered by the Special Judge vide judgment/order dated 24.8.2006 under Section 7 of the Prevention of Corruption Act, 1988 ('Act' for short) in FIR No. 31 Dated 30.4.1997, registered at Police Station Vigilance Bureau, Jalandhar.

(2.) Prosecution story, in brief, is that complainant Sanjay Saini was running the business as National Builders, Pathankot. Complainant got the contract for laying the drain from Guru Arjan Dev School upto Gorkha Departmental Store. After completion of the work, a sum of Rs. 72,917/- was due against the Municipal Council, Pathankot towards the complainant. On 29.4.1997, complainant met the appellant, who was the President of Municipal Council, with regard to payment of his arrears but the appellant raised a demand of Rs. 10,000/- for giving him the cheque. The matter was settled at Rs. 7,000/-. Complainant met the Vigilance authorities on 30.4.1997 and his statement with regard to demand of bribe from him by the appellant was recorded. A raid was organized. Complainant produced 13 currency notes in the denomination of Rs. 500/- each and five currency notes in the denomination of Rs. 100/- each before the Deputy Superintendent of Police ('DSP' for short), who, in turn, returned the same to the complainant after application of phenolphthalein powder ('PPowder' for short).

(3.) The demonstration of working of the P-Powder was shown to the witnesses. Karam 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 on demand. Yashpal Sharma was joined as an official witness with the raiding party. The complainant and the shadow witness went to the house of the appellant. Complainant handed over the tainted currency notes to the appellant on demand and he kept the same in the pocket of his shirt. On receipt of signal from the shadow witness, 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. The tainted currency notes were recovered from the shirt pocket of the appellant. When shirt pocket of the appellant was dipped in a solution of sodium carbonate, the colour of the solution turned pink.