ASI JARNAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant had faced trial in FIR No. 4 dated 27.7.2000 under Section 7 read with Section 13(2) of Prevention of Corruption Act, 1988 ('Act' for short), registered at Police Station Vigilance Bureau, Ludhiana.

(2.) Thereafter, appellant released the complainant and took the phone number of the complainant. Thereafter, complainant came back to his house in his car. On 27.7.2000, complainant received a phone call from the police post that he should appear there. Appellant demanded Rs. 5,000/- as bribe money from the complainant. Complainant approached Harjap Singh, Deputy Superintendent of Police (hereinafter referred as 'DSP') and a raid was organized. Complainant handed over 10 currency notes in the denomination of Rs. 500/- each to the DSP, who returned the same to the complainant, after application of phenolphthalein powder ('PPowder' for short). Gurmeet Singh was appointed as a shadow witness and was instructed to accompany the complainant and give a signal to the raiding party after the bribe money was accepted by the appellant on demand. Demonstration qua working of P-Powder was shown to the witnesses by the DSP. Dr. Tarakjot Singh and Parshotam Singh were joined as official witnesses. Thereafter, the raiding party left for the raid. Complainant and the shadow witness went inside the office of the appellant. Complainant told the appellant that he had brought the money as desired by him. Appellant told the complainant to hand over the money to Madan Lal, who was present there. Complainant handed over the tainted currency notes to the appellant who further gave the same to Madan Lal and he kept the same in the left pocket of his pant. On receipt of signal from the shadow witness, DSP along with the remaining members of the raiding party reached the spot. When the fingers of the appellant were dipped in a solution of sodium carbonate, colour of the solution turned pink. The said solution was put in a nip and was made into sealed parcel and was taken in possession. When the fingers of Madan Lal were dipped in a solution of sodium carbonate, colour of the solution turned pink.

(3.) In order to prove its case, prosecution examined 11 witnesses during trial. Appellant when examined under Section 313 of the Code of Criminal Procedure, 1973, after the close of prosecution evidence, prayed as under:-