SHAKUNTLA DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant has preferred this appeal challenging his conviction and sentence for commission of offence punishable under Sections 7, 13 (1) (d) read with Section 13 (2) of the Prevention of Corruption Act, 1988 (for short 'the Act') as ordered by the Special Judge vide judgment/ order dated 4.10.2010 in FIR No.34 dated 30.8.2007 registered at Police Station Vigilance Bureau SVB Ambala.

(2.) Prosecution story, in brief, is that complainant approached the vigilance authorities on the allegation that appellant was demanding illegal gratification from her for marking her duty. Appellant was senior to the complainant as a staff nurse. Appellant had been instructed by Senior Medical Officer to prepare attendance record and earmark the duties of the staff nurses working at CHC Kalayat. Complainant handed over five currency notes in the denomination of Rs. 100 each to Deputy Superintendent of Police Sher Singh, who, in turn, returned the same to the complainant after application of Phenol Phthalein Powder (P-Powder for short). Complainant was directed to hand over the tainted currency notes to appellant on demand. Darshana Devi, lady constable was deputed to act as a shadow witness and was directed to give a signal to the raiding party after the bribe money was accepted by the appellant on demand. Bani Singh was joined as an independent witness.

(3.) Thereafter, the raiding party left for the raid. Complainant and the shadow witness went inside the house of the appellant. Remaining raiding party, however, stayed behind. Appellant was having her meals while sitting on the sofa. Appellant inquired from the complainant as to whether she had brought the bribe money. Complainant nodded in the affirmative. Thereafter, as directed by the appellant, complainant kept the tainted currency notes on nearby the table, which was covered with a cloth. On receipt of signal from the shadow witness, remaining raiding party reached the spot. The tainted currency notes were recovered from the table and were taken in possession. Numbers of the said currency notes were tallied with the numbers mentioned in the memo already prepared. When the table cloth was 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 police possession.