BALWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been filed to challenge the judgment of conviction and order of sentence dated 02.09.2005 passed by Special Judge, Ferozepur, whereby, the accused-appellant has been convicted for offence under Sections 7, 13 (2) of the Prevention of Corruption Act, 1988 ( for short 'PC Act') and sentenced to undergo RI for a period of one year and to pay fine of Rs. 1000/- with default clause for offence under Section 7 of PC Act and to undergo RI for a period of two years and to pay fine of Rs. 1000/- with default clause for offence under Section 13(2) PC Act. Both the sentences were ordered to run concurrently.

(2.) Briefly, the facts of the prosecution story are that an FIR No.44 was registered on the basis of complaint dated 21.09.2000 wherein it was stated that the complainant moved an application in the office of Electricity Board, Zira on 01.09.1999 for increasing load of electricity and for installing three phase meter at his residence and for that, he deposited the required amount on that day itself. The load was increased but meter of bigger size was not installed. Thereafter, another application was moved on 10.03.2000, which was given to Executive Engineer of the Board to increase the load from 6.42 to 8.42 and also for installation of three phase meter. An amount of Rs. 1410/- was also deposited. Inquiries were made in this regard but nothing was done. Said application was marked to accused Balwant Singh, JE, but still nothing was done. He approached the accused for getting his work done but he was asked by the accused to pay an amount of Rs. 2000/- to get his work done. Ultimately, he agreed to pay Rs. 1000/- and was told by the accused to come on 21.09.2000 between 11 am to 12 noon. This fact was told by the complainant to one Narinder Kumar, who was an employee of Life Insurance Corporation and was known to him. The complainant was suggested to make complaint to Vigilance Officer for taking action against the accused. Thereafter, a complaint was given to DSP, Vigilance. A raid was conducted to intercept the accused person. Narinder Kumar was made as shadow witness, who was instructed to accompany the complainant to the office of accused. The raiding party headed by DSP Baljit Singh along with complainant and shadow witness reached to the office of accused and one Balraj Mehta, who was working as Junior Assistant in the office of Deputy Commissioner, Ferozepur was also joined in the raiding party. One Shri Balkaran Singh, Traffic Manager was joined as official witness. The complainant was asked to go to the accused and to hand him the bribe money. Shadow witness was asked to give signal to the raiding party, when the money was received by the accused from the complainant, DSP procured a glass of water and added Sodium Carbonate to it. Both the official witnesses washed their hands but its colour did not change. Thereafter, accused dipped his hands in the same solution and the colour turned into light pink. After completing all the formalities, the currency notes recovered from the back pocket of the pants of the accused were taken into possession along with prepared solution of the water. It was sealed by the Investigating Officer. Rough site plan of the place of occurrence was prepared. The case property was deposited with MHC Sukhbir Singh and accused was kept under lockup in Police Station Cantt. Ferozepur. The nips containing solution, which were duly sealed, were sent to Forensic Science Laboratory, Punjab, Chandigarh for analysis. After getting sanction of the Competent Authority for initiating prosecution and on completion of investigation, challan was presented against accused-appellant. The copies of the documents were supplied to the accused under Section 207 Cr.P.C. Thereafter, charge was framed against accused under Sections 7 and 13(2) of the PC Act to which he pleaded not guilty and claimed trial.

(3.) The prosecution examined as many as 10 witnesses to prove its case. Statement of accused under Section 313 Cr.P.C. was recorded wherein he denied the allegations and stated that he is innocent. He has stated in his statement that due to non-availability of electric meter, it was not installed. It has also been stated that tainted currency notes were offered to him but he refused and it was put in his pocket forcibly.