TARSEM LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) TARSEM Lal appellant was convicted for the offences under Section 161, Indian Penal Code, and 5(1)(d) punishable under Section 5(2) of the Prevention of Corruption Act, and sentenced to undergo rigorous imprisonment for one year each under both the counts and to pay a fine of Rs. 200/- in default of payment of fine to undergo further rigorous imprisonment for two months under the latter offence, by the learned Special Judge, Bathinda, vide his judgment and order dated 15th December, 1982. Hence, this appeal against his conviction and sentence.

(2.) THE prosecution case as set up at the trial is that Ganda Singh (P.W. 4) wanted to go to Canada in connection with the marriage of his daughter Daler Kaur and for that purpose he wanted to have birth certificates of his son Jagtar Singh, two daughters Gurcharan Kaur and Sav Kaur, wife Chand Kaur and also for himself. It is alleged that his wife died during that period and the birth certificates of his children were given to him but his own birth certificate was not given to him. Ganda Singh P.W. filed another application (Exhibit PK) for getting his birth certificate.

(3.) THE raiding party then left to the Office of the Civil Surgeon, where the appellant was working as a Statistical Assistant, Ganda Singh (P.W. 4) and Buta Singh (P.W. 5) then went inside the office of the appellant. The remaining members of the raiding party kept behind. On demand by the appellant, Ganda Singh handed over the tainted money to him and then the appellant went inside the room and put the tainted currency notes in the left pocket of his paint. Ganda Singh (P.W.4) then placed application (Exhibit PK) and the challan form on the table of the appellant. In the meantime Buta Singh (P.W. 5) gave the proposed signal to the rest of the members of the raiding party, who then came to the office of the appellant. The Vigilance inspector disclosed his identity and called the Superintendent of the office of the Civil Surgeon, Bhatinda. The Vigilance Inspector then searched the person of the appellant and recovered the tainted currency notes (Exhibits P1 and P2) from the front left pocket of the pant of the appellant and handed over the sapurdgi memo to the Superintendent and Buta Singh P.W. for the comparison of the numbers of the currency notes with the memo, which tallied. The currency notes were then put into an envelop and were sealed with the seal mark 'RS' and the same were taken into possession vide memo. (Exhibit PO). Thereafter, the Vigilance Inspector prepared a solution in a glass of water by adding sodium carbonate powder in which the hands of the appellant were got washed as a result of which the colour of that solution turned pink and the same was put in a phial (Exhibit P3). Thereafter, another similar solution was prepared in which the pocket of the pant of the appellant was dipped, as a result of which the colour of that solution also turned pink. The same was also put into a phial (Exhibit P5). After completion of the other formalities, the appellant was prosecuted, convicted and sentenced as stated above.