AMRIK SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an appeal under Section 27 of the Prevention of Corruption Act, 1988 ('Act' for short) against the judgment and order dated 25.8.1995 passed by the learned Special Judge, Ferozepur whereby the appellant has been convicted for the offence under Section 13(2) of the Act and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 1,000/- and in default of payment of fine, to undergo further rigorous imprisonment for three months.

(2.) Case F.I.R. No. 167 dated 4.10.1993 (Ex. PB/2) for the offences under Sections 7 and 13(2) of the Act was registered at Police Station Zira on the statement (Ex. PB), of the complainant Baldev Singh son of Rattan Singh (PW- 1). The complainant in his statement, stated that he is resident of Village Lahora and does agriculture work. On 20.5.1993, the complainant through sale deed purchased land measuring 11 kanals 15 marlas from Gurcharan Singh son of Surat Singh, Jat resident of village Lahora. For getting mutation of this land, he in the month of June gave a copy of the sale deed to the Revenue Patwari of his area. The Patwari retained the original sale-deed and stated hat after entering the mutation he would get it sanctioned. The complainant further states that he met the Patwari of his area two-three times regarding the sanction of mutation but he kept putting him off. Then the complainant asked the Patwari as to why his mutation was not being sanctioned and the Patwari stated that, in fact, the sale-deed had been lost. The complainant then on 1.10.1993 made an application in the office of Sub-Registrar, Zira for getting a copy of the sale-deed. The Sub Registrar marked the application to the Registration Clerk, Zira. Then the complainant went with the application to Amrik Singh (appellant), who was the Registration Clerk, Zira and met him. The latter started saying that the work of the complainant was quite substantial and that for preparation of the copy and getting it signed from the Sub Registrar, he would take Rs. 200/- as bribe. On this, the complainant stated that he had earlier even made the payment with great difficulty and that his work was legal. Besides, he could not give so much bribe. It is stated that, however, on request the appellant agreed to do the work of the complainant on taking bribe of Rs. 100/-. The complainant stated that at that time he did not have the money. Amrik Singh (appellant) then stated that during the holidays he has to go out and he would prepare the copy of the sale-deed and after getting it signed from the Sub-Registrar keep it with him and on Monday in the afternoon, the complaint should come along with the bribe money and by paying the same take the copy. The complainant further stated that under compelling circumstances he agreed to pay bribe of Rs. 100/-. The complainant then reached the Bus Stand, Zira and he met Ajaib Singh (PW-2) son of Amar Singh, caste Jat, resident of Jhaner and he started asking the complainant as to what was the matter. The complainant then said that he had made an application for getting a copy of his registered sale-deed for which Amrik Singh, Registration Clerk (appellant) is asking for Rs. 100/- as bribe for giving the copy. The complainant further stated that he had made a false promise for paying the amount on 4.10.1993 in the afternoon and that he did not want to pay the bribe. Further that on 4.10.1993 i.e. on Monday in case he (Ajaib Singh) comes along with the complainant to the Vigilance Office, Ferozepur, then this corrupt person can be got arrested. Ajaib Singh (PW-2) agreed to come to the Vigilance Office and on the day of the occurrence, i.e., 4.10.1993 Ajaib Singh (PW-2) aforesaid appeared before the Vigilance Officials and two Rs. 50/- notes amounting to Rs. 100/- were also presented before the Vigilance Officials and it was requested that action be taken. The statement was read over to the complainant Baldev Singh and was attested by Babu Singh, Inspector, Vigilance Bureau, Ferozepur. The Police took action on the said statement of the complainant Baldev Singh who had come along with Ajaib Singh (PW-2) son of Amar Singh, Jat, resident of Jhaner, Police Station Dharamkot in the office of Vigilance Bureau, Ferozepur. The statement of the complainant was recorded who signed below it in English after the same was read over to him. The same was attested by the Inspector Babu Singh. Two currency notes of Rs. 50/- each were given by the complainant which were to be given to the appellant as bribe on his asking. The notes were taken in possession of the Police and phenolphthalein powder was properly applied. These notes on which powder was applied were handed over to the complainant Baldev Singh after conducting his personal search and satisfying that he has no other currency notes etc. The complainant was instructed that he has to give the notes to Amrik Singh, Registration Clerk (appellant) only on his asking for bribe. Memo of taking possession of the currency notes and handing them over was separately prepared which was attested by the witnesses. The Inspector, Vigilance Bureau washed his hand with soap. Ajaib Singh (PW-2), above said was nominated to act as shadow witness and he was instructed that he has to go along with the complainant to the office of the appellant and that he would watch and hear the entire proceedings of his asking for the registered sale- deed and of procuring it. Besides, when the appellant asks for and accepts the bribe then on some pretext he should come out and make a signal to the raiding party standing at the back by taking his hand on the turban. On the statement of the complainant Baldev Singh, case regarding asking and taking bribe was made out for the offence under Sections 7 and 13(2) of the Act. The Inspector himself along with other police officials in government jeep No. PFB-9685 left for carrying out the raid in the office of Tehsil, Zira. The complainant and Ajaib Singh, shadow witness, were taken along. The investigation bag was also with the Inspector. The Government witness was to be joined with the raiding party on the way. On the above allegations and proceedings, the FIR was registered. On the way Narinder Kumar Kalra from the offence of PUNSUP, Ferozepur was joined as an independent witness. He was introduced by the Inspector Vigilance Bureau to the complainant and the shadow witness.

(3.) The learned Special Judge, in terms of his order dated 18.5.1994 on finding a prima facie case, framed charge against the appellant for the offence under Section 13(2) of the Act to which the appellant pleaded not guilty and claimed trial.