MOHINDER PAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant had faced trial in FIR No.3 dated 27.1.1999 under Sections 7,13(2)of the Prevention of Corruption Act, 1988 (for short 'the Act') registered at Police Station Vigilance Bureau, Jalandhar. Trial Court, vide judgement/order dated 16.12.2006 ordered the conviction and sentence of the appellant under Sections 7 and 13(2) of the Act. Hence, the present appeal by the appellant-Mohinder Pal.

(2.) Prosecution story,in brief, was that complainantBachittar Singh got opened the bank account of his parents qua old age pension through the appellant. Appellant raised a demand of Rs. 800/- for releasing the pension but the matter was settled at Rs. 500/-.. Complainant along with shadow witness-Jagtar Singh approached the Vigilance Authorities. On 27.1.1999, Deputy Superintendent of Police('DSP' for short)-Pinder Singh, recorded the statement of the complainant Exhibit PA and on the basis of the same, formal FIR was registered. Complainant handed over five currency notes in the denomination of Rs. 100/- each to the DSP. The said currency notes were returned by the DSP to the complainant after application of phenolphthalein powder (hereinafter referred to as P.Powder). Demonstration qua working of P.Powder was shown by the DSP to the complainant and the shadow witness. A raid was organized by the DSP. Harbans Singh was joined as an official witness.

(3.) Thereafter, the raiding party reached the office of the appellant. Complainant and shadow witness went inside the office of the appellant. Appellant inquired from the complainant as to whether he had brought the bribe money. Complainant replied in the affirmative. Appellant took the complainant towards the jail road near a scooter shop and demanded the bribe money. Complainant handed over the tainted currency notes to the appellant. Appellant kept the tainted currency notes in the pocket of his jacket. On receipt of signal from the shadow witness, DSP along with remaining members of the raiding party reached the spot. DSP introduced himself to the appellant. When the fingers of the appellant were dipped in a solution of sodium carbonate, the colour of the solution turned pink. The said solution was put in a nip and was made into a sealed parcel and was taken in possession. The tainted currency notes were recovered from the the pocket of the jacket worn by the appellant and were taken in possession after tallying their numbers with the memo already prepared. Pocket of the jacket of the appellant was dipped in a solution of sodium carbonate prepared in a glass. The colour of the solution turned pink. The said solution was put in a nip and was taken in possession. Jacket worn by the appellant was also taken in possession. After completion of investigation and necessary formalities, challan was presented against the appellant.