RAJNISH JINDAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) APPELLANT has preferred this appeal challenging his conviction and sentence for commission of offence punishable under Sections 7 and 13 (2) of the Prevention of Corruption Act, 1988 (for short 'the Act') as ordered by the Special Judge vide judgment/ order dated 3.11.2004/ 4.11.2004 in FIR No.68 dated 10.9.1998 registered at Police Station Vigilance Bureau, Ferozepur. Prosecution story, in brief, is that complainant Gurdev Singh had approached the appellant for grant of dis -ability certificate as right leg of the complainant was polio effected. Appellant, however, demanded Rs. 5,000/ - from the complainant for doing the needful. The deal was settled at Rs. 4,000/ -. Complainant met Deputy Superintendent of Police, Babu Singh on 10.9.1998. Statement of the complainant was recorded. Complainant handed over 4 currency notes in the denomination of Rs. 500/ -each and 20 currency notes in the denomination of Rs. 100/ -each to the Deputy Superintendent of Police, who, in turn, returned the same to the complainant after application of Phenol Phthalein Powder (P -Powder for short). Complainant was directed to hand over the tainted currency notes to the appellant on demand. Bhagwan Dass was deputed to act as a shadow witness and was directed to hear the conversation between the complainant and the appellant and give a signal to the raiding party after the bribe money was accepted by the appellant on demand. The said witnesses were shown the demonstration of the working of the P -Powder. Baldev Singh was joined as an official witness. Thereafter, the raiding party reached the spot. Complainant and the shadow witness went inside the office of the appellant. Remaining raiding party, however, stayed behind. Complainant handed over the tainted currency notes to the appellant on demand and he kept the same in the left pocket of his pant. On receipt of signal from the shadow witness, the remaining raiding party reached the spot. When the fingers of the appellant were dipped in a solution of sodium carbonate, the colour of the solution turned pink. The said solution was put in a nip and was made into a sealed parcel and was taken in police possession. The tainted currency notes were recovered from the left pant pocket of the appellant. The numbers of the tainted currency notes were tallied with the numbers noted down in the memo and were taken in possession. When the left pant pocket of the appellant was dipped in a solution of sodium carbonate, the colour of the solution turned pink. The said solution was also put in a nip and was made into a sealed parcel and was taken in police possession.

(2.) AFTER completion of investigation and necessary formalities, challan was presented against the appellant. Charge was framed against the appellant for commission of offence punishable under Sections 7 and 13 (2) of the Act. Prosecution, in order to prove its case, examined eleven witnesses.

(3.) APPELLANT examined ten witnesses in his defence. Learned senior counsel for the appellant has submitted that the appellant has been falsely involved in this case. Prosecution had miserably failed to prove its case. Complainant, while appearing in the witness box as PW -2, had not deposed with regard to the factum of demand of bribe from him by the appellant. Shadow witness had not supported the prosecution case. As per the official witness, the tainted currency notes were lying on the table of the appellant. In fact, the appellant had been falsely involved in this case at the instance of DSP Babu Singh as the complainant had refused to extend the medical certificate issued by him (appellant) to the wife of DSP Babu Singh, which would have entitled her to continue on medical leave. Appellant was found innocent during investigation and cancellation report was submitted. However, the Special Judge did not agree with the said report and took cognizance of the matter.