RAJESH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been preferred against the judgment dated 07.12.2000, vide which the appellant-accused Rajesh Kumar, the Revenue Patwari has been held guilty and convicted for the offence punishable under Section 7 read with Section 13 of the Prevention of Corruption Act, 1988 (for short 'Act') and the order of sentence of even date vide which he has been sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 5000/- in default thereof to further undergo rigorous imprisonment for a period of six months.

(2.) The brief facts of the prosecution case are that the accused-appellant was posted as a Revenue Patwari in village Kahlwan vide posting order dated 17.08.1992 Ex.PC. Complainant Surjit Singh is an agriculturist of that village and was jointly owning the land with his father. He had also been taking land of others on lease for the purpose of cultivation. He had been obtaining the certified copies of the jamabandi of his land from the accused. He was to purchase a truck for which he was in need of the certified copy of the jamabandi and for obtaining the same he gave the application mark 'A' to the Naib Tehsildar on 14.06.1995, which was marked to the present accused. The complainant met the accused and requested him to supply the copy of the requisite jamabandi, but he refused to do unless he was paid an illegal gratification of Rs. 5000/- on the plea that he was a big landlord. Complainant requested the accused, but the accused-appellant remained adamant for payment of the illegal gratification. The complainant promised to pay the amount on 15.06.1995, on the plea that he was not having that much amount with him at that time. Thereafter, complainant Surjit Singh PW-2 approached Harish Kumar, DSP, Vigilance Bureau, Jalandhar and made his statement Ex.PD before him. Complainant offered 50 currency notes of the denomination of Rs. 100/- each before the DSP, who smeared the same with phenolphthalein powder (for short 'PP Powder') and noted down the numbers thereof in the memo Ex.PF. The said currency notes were handed over to the complainant. The DSP, gave demonstration to him as to how the colour of solution of sodium carbonate turns pink after coming into contact with the said 'PP powder'. These facts were reduced into writing vide memo Ex.PE. The complainant was directed to approach the accused in grain market Kartarpur and to hand over the said currency notes to him on demand. Pawan Kumar, who was accompanying the complainant was deputed as a shadow witness and was directed to watch all the proceedings and to give the signal to the DSP at the appropriate time. Soma Nath was also joined in the raiding party as an official witness. Harish Kumar, DSP, made his endorsement Ex.PD/3 on the statement of the complainant and sent the same to the police station, on the basis of which FIR Ex.PD/4 was registered.

(3.) The trap was laid as planned. The complainant went to the accused standing near Peepal tree in grain market Kartarpur. Accused demanded bribe from the complainant. The complainant handed over the tainted currency notes to the accused, which he put in the pocket of his trouser. Pawan Kumar, the shadow witness gave the signal to the police party, who along with the members of the raiding party reached at the spot. The accused was apprehended. Hand wash of the accused was taken in the solution of the sodium carbonate, which turned to pink. The said solution was kept in a nip, which was further kept in a sealed parcel and was taken into possession vide memo Ex.PF. Thereafter, the search of the accused was taken and tainted currency notes were recovered from the left side pocket of his trouser. The numbers thereof tallied with the numbers entered in the memo Ex.PD. The said currency notes were also taken into possession. The trouser of the accused was got removed and pocket thereof was washed in the solution of the sodium carbonate, which also turned pink in colour. The said solution was also put in a nip and kept in a sealed parcel, which was taken into possession vide memo Ex.PH. The investigating officer prepared the site plan of the occurrence. The nip parcels containing solution were sent to Forensic Science Laboratory, Punjab, Chandigarh. After completing the formalities of investigation and obtaining the requisite sanction for the prosecution of the appellant, the report under Section 173 Code of Criminal Procedure was presented in the Court.