JAGDISH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been preferred against the judgment of conviction dated 14.05.2003 passed by the learned Special Judge, Kurukshetra vide which appellant Jag-dish Kumar was held guilty and convicted for the offence punishable under Section 7 of the Prevention of Corruption Act, 1988 (hereafter called the Act) and the order on quantum of sentence of the even date vide which the appellant was sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. 1000/- in default thereof to further undergo imprisonment for a period of one month. The brief facts of giving rise to this prosecution are that on 19.08.1996, complainant PW-6 Kuldeep Kumar presented the application Ex. PF to PW-12 Joginder Nehra, the then Deputy Superintendent of Police, Pehwa alleging therein that he was unemployed. He had taken a loan of Rs. 40,000/- for running an electric shop from Union Bank Gumthala Garu Branch. Accused-appellant Jagdish Kumar, Branch Manager demanded a sum of Rs. 4000/- as bribe for disbursement of the said loan amount. That earlier he got released an installment of Rs. 2000/- for which an iron press was given to the bank Manager as bribe. That now he could arrange only Rs. 3000/-. He was not willing to give bribe. On that day, he had gone to bank to receive the balance amount of the sanctioned loan, but the branch Manager told him that he should meet him at shop No. 10, Anaj Mandi, Pehwa at 5.00 p.m. He came to the Deputy Superintendent of Police Joginder Nehra with PW-7 Surat Singh and prayed for taking legal action against the branch manager.

(2.) After receipt of the said complaint, PW-11 Gurmeet Singh, the then Tehsildar, Pehwa was requested to join as a Magistrate in the raiding party. Gurmeet Singh, Tehsildar, Pehwa reached the office of DSP. Complainant handed over thirty currency notes of Rs. 100/- denomination each. The personal search of the complainant was taken as per law. Nothing was recovered. The Deputy Superintendent of Police, Joginder Nehra and Gurmeet Singh, Tehsildar, Pehwa initialed the currency notes. Thereafter, the said currency notes were smeared with phenolphthalein powder. The said currency notes were handed over to the complainant for handing over the same to accused on his demand. Surat Singh was appointed as a shadow witness and was instructed to remain at a distance from Kuldeep Kumar and to give the signal to raiding party by touching his head with his hand after passing over of the bribe money from complainant Kuldeep Kumar to the appellant.

(3.) The complainant and shadow witness went to shop No. 10, Anaj Mandi, Pehwa and the remaining members of the raiding party kept waiting for the appointed signal from the shadow witness. After some time, on receipt of the appointed signal from Surat Singh, the shadow witness, the raiding party reached at the spot. The Investigating Officer offered his personal search to the accused. Thereafter, the personal search of accused was conducted. During which thirty currency notes of the denomination of Rs. 100/- each were recovered from the front pocket of the T-shirt of accused. The number of said currency notes tallied with the numbers of the currency notes mentioned in the memo prepared by the Investigating Officer. The said currency notes were found to have been initialled by PW-11 Gurmeet Singh, Tehsildar, Pehwa and PW-12 Jagdish Nehra, DSP. The said currency notes were taken into possession by the Investigating Officer by putting them in a sealed envelope. The seal was handed over to Gurmeet Singh, Tehsildar, Pehwa. The hand wash and the wash of T-shirt pocket of appellant were taken separately. The solution turned pink in colour. The said solution was kept in separate bottles in sealed parcels. The accused was arrested and on completion of the investigation, the report under Section 173 Code of Criminal Procedure (for short Cr.P.C.) was presented in the Court.