MANGESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) CONVICT , Mangesh Kumar, is in appeal against judgment of conviction/order of sentence dated 02.05.2009, whereby Court of learned Special Judge, Rewari, has convicted him under Sections 7 and 13 of the Prevention of Corruption Act, 1988 ('the Act' - for short) and sentenced him to rigorous imprisonment for a period of two and a half years with a fine amounting to Rs. 5,000/ - and in default of payment of fine to further simple imprisonment for three months under Section 7 of the Act.

(2.) CASE of the prosecution put as briefly as one may, is that the complainant -Piare Lal wanted to have mutation of land measuring 1 bigha 18 biswas belonging to his aunts, namely, Chalti and Barji entered and sanctioned in the name of his wife, but the appellant, who was posted as Patwari Consolidation, Rewari, demanded an amount of Rs. 2,500/ - as illegal gratification to do the needful. Out of the total demanded amount of Rs. 2,500/ -, complainant - Piare Lal paid him an amount of Rs. 1,000/ - on an earlier occasion and promised to pay the balance amount of Rs. 1,500/ - on 04.09.2006. However, the complainant did not intend to pay illegal gratification and, accordingly, appeared before the investigating officer, namely, Inspector Jagdish Parshad (PW -12) and narrated before him the entire sequence of events besides handing over to him a written complaint Exhibit PH. The complainant also produced before Inspector Jagdish Parshad (PW -12) an amount of Rs. 1,500/ - in the form of one currency note of one thousand rupees and another in the denomination of five hundred rupees. Investigating Officer treated the currency notes with phenolphthalein powder and handed them back to the complainant with a direction to hand over these very currency notes to the appellant when illegal gratification was demanded by him. Head Constable Satish Kumar (PW6) was nominated as shadow witness and G.L.Yadav (PW -1) was joined as official witness with the raiding party. The shadow witness was instructed to accompany the complainant to the appellant and to over -hear the conversation and over -see the transaction between the two. Complainant was instructed to signal the shadow witness by raising his hand over his head and shadow witness to signal police party after the amount of illegal gratification had been demanded and accepted by the appellant. Accordingly, the patwarkhana, where the appellant was working was raided. Complainant (PW -5) and Shadow witness H.C. Satish Kumar (PW6) went to the office of the appellant and other members of the raiding party stayed a little away. The appellant asked about demanded money to which complainant Piare Lal replied in the affirmative and handed over to him the phenolphthalein treated currency notes. Thereafter the complainant gave signal to the shadow witness, who, in turn, passed it on to the raiding party. The spot was raided, tainted currency notes were recovered, hands of the appellant tested positive to the phenolphthalein -sodium carbonate test. Appellant was arrested. Statements of witnesses were recorded. After obtaining sanction, the appellant was challaned and was charged by the learned trial Court under Sections 7 and 13 of the Act. Appellant pleaded not guilty to the charge and claimed to be tried. In a bid to prove its case against the appellant, prosecution examined complainant - Pyare Lal as PW5, Head Constable Satish Kumar as PW6, G.L.Yadav as PW1, D.S.P Jagdish Parshad as PW12, Inspector Kurda Ram as PW11, Amar Singh as PW13, Draughtsman - Dharampal as PW4 and Sant Lal Patwari as PW7 in addition to other formal witnesses.

(3.) LEARNED trial Court on appraisal of the evidence available on record in the light of submissions made at the bar, concluded that the prosecution was able to prove appellant's guilt beyond reasonable doubt, and, accordingly, convicted him under Sections 7 and 13 of the Act, but sentenced him under Section 7 of the Act only, vide judgment/order dated 02.05.2009.