TARLOK SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The accused-appellant Tarlok Singh has filed the present appeal to challenge the judgment of conviction and order of sentence passed by the Special Judge, Jalandhar, whereby, he has been convicted for offence under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988 and was sentenced to undergo rigorous imprisonment for a period of 11/2 years and to pay a fine of Rs. 1,000/- with default clause vide judgment dated 25.05.2004.

(2.) Briefly, the facts of the prosecution version are that one Jit Singh went to Office of Deputy Superintendent of Police, Vigilance Bureau, Jalandhar and made a statement stating therein that Dilbagh Singh was to execute his General Power of Attorney regarding Mini Bus which was to be got attested from Paramjit Singh Sahota, Naib Tehsildar, Jalandhar. Jit Singh handed over the document to appellant-accused Tarlok Singh, who was posted as Patwari in the Office of Special Land Acquisition Collector, Jalandhar. Said Jit Singh, Dilbagh Singh and Vishwa Mitter appeared before Naib Tehsildar and the document was handed over to the appellant. The appellant mentioned receipt number on the Power of Attorney and kept the same with him and asked the complainant to take it after one or two days. Complainant-Jit Singh contacted the appellantaccused on several occasions but the document was not handed over to him. Thereafter, complainant-Jit Singh along with Baldev Singh met the appellant on 16.03.2000 in his office and demanded the document. The accused demanded Rs. 1,000/- as illegal gratification for attestation of power of attorney. The complainant promised to bring the money. Complainant-Jit Singh got two currency notes of the denomination of Rs. 500/- each which were smeared with phenolphthalein powder by the Deputy Superintendent of Police Gurmit Singh and it was asked to be hand over to the accusedappellant. Baldev Singh was made a shadow witness with the direction to hear the talk between Jit Singh-complainant and accused-Tarlok Singh and to give signal to police party. The hands of the complainant were got washed with a soap. Balwinder Singh, AEE and Ashwani Kumar from Municipal Corporation, Jalandhar were joined in the police party and the FIR was registered. The police party went in the Office of the accused and Jit Singh as well as Baldev Singh went to the seat of the accused. On asking, the money was paid to him. Shadow witness-Baldev Singh gave a signal to the police party and they reached at the spot along with other witnesses. The currency notes were thrown on the floor by the accused. His hands were got washed in a water solution which changed its colour to pink. The coloured water was transferred to a nip and sealed with seal 'GS' which was taken into possession by the police vide memo Exhibit 'PF'. The currency notes were compared with its numbers with already prepared memo and were taken into possession along with power of attorney recovered from the table of the accused. Rough site plan was prepared and the statements of the witnesses were recorded.

(3.) On completion of investigation and after obtaining necessary sanction, the accused was challaned. Thereafter, the charge was framed under Section 13(2) read with Section 7 of the Prevention of Corruption Act vide order dated 11.09.2000 to which he pleaded not guilty and claimed trial. Thereafter, the charge was amended and reframed separately under Sections 7 and 13(2) of the Prevention of Corruption Act to which also, he did not plead guilty and claimed trial.