HARJIT SINGH Vs. STATE OF U.T.

JUDGEMENT

(1.) The present appeal has been filed to challenge the judgment of conviction and order of sentence dated 14.7.2001 passed by Special Judge, Chandigarh, vide which, the appellant has been convicted for offence punishable under Sections 7, 13 (1) (d) read with Section 13 (2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as 'the Act') and sentenced to undergo RI for a period of one year with fine of Rs. 750/- and in default of payment of fine to further undergo RI for a period of three months under Section 7 of the Act. He was further sentenced to undergo RI for a period of two years with fine of Rs. 750/- and in default of payment of fine to further undergo RI for a period of three months under Section 13 (1) (d) read with Section 13 (2) of the Act. Both the sentences were ordered to run concurrently.

(2.) Briefly, the facts of the case are that the appellant while working as Patwari Circle, Dhanas demanded Rs. 1500/- from complainant- S.K. Saini as bribe for entering the mutation regarding the change of ownership of 11 marlas of the land purchased by his wife in the area of village Sarangpur as that village falls in Dhanas circle. The complainant visited the accused on 2.6.1998 and on asking the accused-appellant demanded Rs. 1500/- for doing the work and ultimately an amount of Rs. 1000/- was agreed upon to be paid on 3.6.1998. On 3.6.1998, the complainant made a written complaint to the Superintendent of Police, CBI, Chandigarh tor taking legal action against the appellant for demanding bribe of Rs. 1000/- from him. On the basis of complaint made by complainant, a raiding party was constituted by Sh. SS Gurm, Inspector CBI, Chandigarh. The complaint made by the complainant was registered against the accused. Pawan Kumar and Bikram Singh, postal Assistants were also associated with the raiding party. Before laying trap, shadow witness-Pawan Kumar and complainant went to the office of accused. Two currency notes of the denomination of Rs. 500/- each were asked to be paid to the accused. Solution of Sodium Carbonate was also prepared in a glass. Shadow witness was directed to remain close to the complainant so as to hear the conversation for demand of bribe and to see passing of bribe amount to the accused. The remaining members of the party were standing outside the office of the accused. The amount was accepted by the accused-appellant from the complainant and thereafter after disclosing the identity by SS Gurm as Inspector of CBI, asked the accused about acceptance of bribe of Rs. 1000/-. The accused was asked to put his hands in the solution of sodium carbonate and its colour on doing so turned pink.

(3.) The solution was transferred in another water bottle and the same was sealed and was taken into possession.