(1.) Appellant has preferred this appeal challenging his conviction and sentence for commission of offence punishable under Section 7 of the Prevention of Corruption Act, 1988 (for short 'the Act') as ordered by the trial Court vide judgment/ order dated 17.9.2003 in FIR No.6 dated 28.2.2001 registered at Police Station Vigilance Bureau,Ambala.
(2.) Prosecution story, in brief, is that appellant Ranbir had installed a flour mill in village Ahmedpur. Toshin, his servant had told him that the appellant was demanding Rs. 1,500/- for changing the meter installed in the flour mill . Appellant was demanding the money on the allegation that the seals of the meter had been tampered. Meter was removed by the appellant but no meter had been installed in its place. Ranbir Singh and Toshin went to the office Vigilance Bureau. Inspector Mohar Singh recorded the statement of the complainant and on the basis of the same, formal FIR was registered. Toshin handed over two currency notes in the denomination of Rs. 500/- each and five currency notes in the denomination of 100/- each to the Inspector, who, in turn, returned the same to the complainant after application of Phenol Phthalein Powder (P-Powder for short). Toshin was directed to hand over the tainted currency notes to the appellant on demand. Ranbir Singh 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. Ashwani Kumar was joined as an official witness. Demonstration of the working of the P-Powder was shown to the witnesses. Thereafter, the raiding party left for the raid.
(3.) Complainant and the shadow witness entered the office of the appellant. Complainant handed over the tainted currency notes to the appellant on demand. Appellant kept the same in his right pant pocket. On receipt of signal from the shadow witness, 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 said solution was put in a nip and was made into a sealed parcel and was taken in police possession. The tainted currency notes were recovered from the right pant pocket of the appellant and the numbers of the same were tallied with the numbers noted down in the memo and were taken in possession.