FATEH SINGH Vs. STATE OF PUNJAB AND ANTHER

JUDGEMENT

(1.) In this appeal, appellant Fateh Singh has impugned the judgment of conviction and the sentence order dated 9.3.2012 passed by the Special Judge, Amritsar, whereby respondent No. 2-Darshan Dayal was acquitted of the charges framed against him under Section 13 (2) read with Section 7 of the Prevention of Corruption Act, 1988 (for short 'the Act')

(2.) The instant case was registered on the staetment of complainant-petitioner Fateh Singh. The complainant, who was working as Driver in Punjab Roadways, Amritsar, was suffering from vision problem and thus, requested the General Manager to depute him on some light duty as a crane driver. His request was accepted and was deputed as Crane Driver. Thereafter, respondent No. 2- Darshan Dayal who was duty clerk, demanded Rs.1000/- per month as bribe from the petitioner and stated that he will not allow him to do the duty as crane driver if he will not give him bribe. The petitioner refused to pay the bribe on that day and promised that he will give him the amount next day. The next day, petitioner along with one Harinder Singh Driver No. 98, Punjab Roadways, Amritsar went to the office of DSP Vigilance Bureau, Amritsar and lodged the report regarding the matter mentioned above. He represented four currency notes of Rs.500/- denomination each before DSP Shalinder Singh, who smeared the currency notes with phenolphthalein powder and after noting down the numbers, handed the same to the complainantpetitioner. DSP Shalinder Singh also prepared a solution of sodium bicarbonate in the presence of the complainant, shadow wintness and other official witnesses and made a demonisatration of chemical reaction of phenolphthalein with sodium bicarbonate by putting the paper smeared with phenolphthalein powder int eh solution of bicarbonate which initially being colourless, changed its colour to pink. DSP constituted a raiding party including complainant, shadow witness Harinder Singh, official witness namely Amarjit Singh and Sital Singh, J.E. River Works Drain Sub Division, Amritsar and other officials of the vigilance bureau went to the office of the accused, where the officials of Vigilance Bureau parked their vehicle at some distance and sent the complainant and shadow witness to the office of the accusedrespondent No. 2 with a direction not to shake hand with the accused before and after paying the bribe money and further with a direction to shadow witness to pass a prefixed signal as and when the transaction was over. The accused in his office, demanded the bribe and complainant gave the tainted currency notes to him, which he accepted and Harinder Singh, shadow witness gave a prefixed signal. Before reaching the raiding party in the office of the accused, the accused had already placed the alleged currency notes in the Almirah.

(3.) The Vigilance Officials enquired about the bribe money and accused refused to have taken any such money and on search of almirah, the said tainted currency notes were received from underneath the files. DSP Shalinder Singh after disclosing his identity, apprehended the accused and got his hands washed in a solution prepared at the spot and the colour of the solution turned pink. The wash pertaining to the accused was put into a nip and sealed with a seal having impression SS. It was taken into possession, vide memo, attested by the witnesses.