MANJIT SINGH Vs. U T CHANDIGARH

JUDGEMENT

(1.) THE present appeal has been filed by the appellant against the judgment of conviction and order of sentence dated 13.12.1999, passed by learned Special Judge, Chandigarh, whereby he was held guilty and convicted and sentenced to undergo rigorous imprisonment for a period of 2 years and to pay a fine of Rs. 1000/ - and in default of payment of fine, to further undergo rigorous imprisonment for a period of six months under Section 7 of the Prevention of Corruption Act, 1988 and he was further convicted and sentenced to undergo rigorous imprisonment for a period of 3 years under Section 13(1) (d) read with Section 13(2) of Prevention of Corruption Act, 1988. Both the Gulati Vineest entences were ordered to run concurrently.

(2.) THE brief facts of the prosecution case are that on 25.06.1996, one Vijay Gupta gave complaint Ex.PW2/5 to the Superintendent of Police, C.B.I, alleging that a STD/PCO was sanctioned in his favour by the office of G.M.T. Chandigarh for installing the connection in the booth in the premises of Panjab University, Chandigarh. There being inordinate delay in change of address for installation of STD/PCO at his residence, the Commercial Officer issued advice note dated 04.04.1996. The complainant pursued the matter in the office of SDO(P) VI CHD, where Manjit Singh, J.T.O. issued a letter for getting A.T. done from the office of A.E. (A/T) and finally A.T. was approved on 06.06.1996 and he had personally delivered the same to Manjit Singh, J.T.O. for releasing the current and telephone number etc. When the complainant handed over the letter to Manjit Singh, he demanded his fee i.e. bribe of Rs. 1,000/ - from him for processing his case. Again the complainant contacted Manjit Singh on 25.06.1996 but he again demanded Rs. 1,000/ -. After receiving this application, it was marked to Om Parkash Sharma, Inspector, SPB/CBI, Chandigarh. A team was constituted and two witnesses namely S.C.Paul from State Bank of India and K.G.Sharma from Insurance Company were arranged. The complainant was shown to the witnesses. Complainant produced 10 Indian currency notes of Rs. 100/ - denomination in the presence of witnesses. The demonstration regarding the effect of phenolphthalein powder (P. powder) was shown and those notes coated with P. powder were handed over to the complainant. Sh.K.G.Sharma was a shadow witness. As per the prosecution version, complainant and shadow witness were sent to the office of the accused. After about half an hour, they came down and informed that the room of Manjit Singh accused was locked and it was learnt that Manjit Singh had gone to his residence. Thereafter, all the trap party along with the witnesses and the complainant reached back in the CBI Office. On the next day, i.e. on 26.06.1996 at about 10 A.M., complainant accompanied by the shadow witness K.G.Sharma entered the room of the accused while other members took positions in a scattered manner in the corridor. At about 10.20 A.M., K.G.Sharma, shadow witness came out in the corridor and gave the appointed signal. On receipt of signal, Investigating Officer Om Parkash Sharma along with S.C.Paul, witness and other members entered the room of accused and after disclosing identity, over -powered the accused by holding their forearms upwards. At that time, Jai Singh, Telephone Mechanic was also sitting across the office table of Manjit Singh. When Manjit Singh and Jai Singh were overpowered, they became perplexed and started pleading forgiveness. Then Investigating Officer asked the sequence of events from the complainant and shadow witness K.G.Sharma and they informed that when they had entered the room of the accused, he was sitting with Mr.Sidhu, SDE(P) and other two officials. Mr.Sidhu asked Manjit Singh as to why the complainant's work has not been done and accused informed that he had already issued necessary orders and simultaneously asked the complainant to meet Jai Singh, Phone Mechanic. Jai Singh was not working in Sub Division VI and instead he is working in Sub Division V and he had nothing to do with this job. They then came out and checked about Jai Singh, Phone Mechanic but he had not come and they started waiting outside the room of Manjit Singh. Sh.Sidhu, SDE and other two left in about 5 -10 minutes. After that, the complainant and shadow witness again entered the room of Manjit Singh and informed that Jai Singh has not come and accused offered them chair and asked them to sit and wait.

(3.) IN the meantime, Jai Singh came and he discussed something with accused and asked complainant to come out of the room. On coming out, Jai singh asked the complainant as to whether Manjit Singh's work has been done i.e. money has been brought or not. The complainant informed Jai Singh in affirmative. The complainant informed that he had brought Rs. 500/ -. But Jai Singh asked that at least Rs. 600/ - are required and the complainant expressed his inability. As such, Jai Singh asked the complainant to give Rs. 500/ - and let him talk to Manjit Singh, whether he will take Rs. 500/ - or not and after taking Rs. 500/ -, he took the complainant and shadow witness with him and made them to sit on the chairs near the door and he himself sat across the office table of Manjit Singh and discussed some thing in slow voice. After talking to accused, Jai Singh returned the tainted money to the complainant and asked him to give that amount directly to Manjit Singh accused. Accordingly, the complainant after taking the money from Jai Singh, handed over the same to Manjit Singh, J.T.O., who after accepting the money concealed/kept the same under file/diary on his table glass. After keeping the money, accused wrote '770335' on a slip and also signed the same and gave to the complainant that he has got allotted this phone number and asked the complainant to meet Lekh Raj, Phone Mechanic of Sector 20 area and get the current released/line checked. The currency notes were recovered, which were compared/tallied by both the witnesses with the serial numbers and denomination mentioned in the pre -trap hand over memo. These five notes of Rs. 100/ - each were sealed. Then Manjit Singh and Jai Singh were asked/made to dip and wash their left hands and right hands/fingers separately in the solution and the hands of Manjit Singh and Jai Singh turned pinkish in colour. After necessary investigation, challan was presented against accusedappellant Manjit Singh.