BHAGWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 11.05.2009 and order of sentence of the even date whereby the appellant was convicted and sentenced for committing offence punishable under Sections 7 and 13 (2) of the Prevention of Corruption Act, 1988 ( hereinafter to be called ' P.C.Act'). For committing offence punishable under Section 7 of the P.C. Act, he was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 2500/-. In default of payment of fine, to further undergo rigorous imprisonment for three months. For committing offence punishable under Section 13 (2) of the P.C. Act, the appellant was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 2500/-. In default of payment of fine, to further undergo rigorous imprisonment for three months. Both the substantive sentences were ordered to run concurrently. The aforesaid judgment of conviction was rendered by Sh. B.K.Mehta, the then Special Judge, Jalandhar.

(2.) The case of the prosecution as projected before the learned trial Court was that; a complaint was filed against Sh. Balwant Rai, Ration Depot Holder of village Gatti Rai Pur, Shahkot District Jalandhar, by some residents of the village. AFSO marked inquiry against Balwant Rai to Inspector Bhagwant Singh (accused) who was working with Food and Supplies Department. Accused accompanied with Harbhajan Singh Sub Inspector met Balwant Rai on 16.12.2003 and 23.12.2003 and asked him to approach him on 24.12.2003 and on that day Bhagwant Singh is alleged to have demanded a sum of Rs. 3,000/- from the complainant (Balwant Rai) as illegal gratification for giving a report in his favour. However, on pleadings of complainant, the amount was settled at Rs. 1800/-. Since Balwant Rai was not keen to illegally gratify Bhagwant Singh he instead went to Vigilance Bureau, Jalandhar accompanied with Jagdish Kumar (PW-4) and narrated entire matter to DSP Harbhajan Sarup. On the basis of complaint made by Balwant Rai, the FIR was lodged.

(3.) DSP Harbhajan Sarup requisitioned services of Karnail Singh (PW-11) and Narinderjit Kaur (PW-8) from the office of District Social Welfare Officer and District Statistical Officer, Jalandhar respectively and joined them in the raiding party. Balwant Rai produced before DSP Harbhajan Sarup three currency notes of the denomination of Rs. 500 each and three notes of denomination of Rs. 100 each, totaling Rs. 1800/-. DSP Harbhajan Sarup applied phenolphthalein powder on those currency notes and returned them to Balwant Rai asking him to hand over those notes to the accused only on demand by him. DSP Harbhajan Sarup noted numbers of the aforesaid currency notes and prepared memo Ex. PB. He demonstrated to all i.e. Balwant Rai, Jarnail Singh, Karnail Singh and Narinderjit Kaur as to how phenolphthalein treated piece of paper would turn milky white colour of solution of water and sodium carbonate into pink. That pink turned solution was thrown away. DSP Harbhajan Sarup and Balwant Rai washed their hands. Jagdish Kumar (PW-4) was directed to follow Balwant Rai to the accused and over hear the talks between Balwant Rai and the accused Bhagwant and to pass an agreed signal, the moment Bhagwant Singh accepts tainted currency notices from the complainant.