RAJPAL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) APPELLANT had faced trial in FIR No. 17 dated 17.5.2002 under Section 7 read with Section 13 of Prevention of Corruption Act, 1988 ('Act' for short), registered at Police Station SVB (H), Gurgaon.

(2.) PROSECUTION story, in brief, is that appellant was working as a Clerk in Government High School, Sector -7, Faridabad. Secondary examination was to be held in the school in question. Complainant Maharaj Singh was to appear in the examination on 17.5.2002 which was to be held from 2.00 P.M. to 5.00 P.M. Appellant demanded Rs. 2000/ - from the complainant to help him in his exam. Complainant approached the Vigilance authorities. Inspector Raghbir Singh (hereinafter referred as 'Inspector') took the written complaint of the complainant. Complainant handed over 20 currency notes in the denomination of Rs. 100/ - each to the Inspector, who returned the same to the complainant after application of phenolphthalein powder ('P -Powder' for short). Complainant was directed to hand over the said currency notes to the appellant on demand. Ram Kumar, Naib Tehsildar and Head Constable Devender Singh were joined as witnesses. Pankaj Kumar was directed to act as a shadow witness and was instructed to give a signal to the raiding party after the bribe money was accepted by the appellant on demand. Thereafter, the raiding party left for the raid. Complainant handed over the tainted currency notes to the appellant on demand. On receipt of signal from the shadow witness, the raiding party reached the spot and appellant was caught red handed with the bribe money. When the fingers of the appellant were dipped in a solution of sodium carbonate, colour of the solution turned pink. The said solution was put in two nips and were made into sealed parcels and were taken in possession. The tainted currency notes were also taken in possession.

(3.) APPELLANT when examined under Section 313 of the Code of Criminal Procedure, 1973 ('Cr.P.C.' for short), after the close of prosecution evidence, prayed as under: -