JAI PAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant had faced trial in FIR No. 33 dated 27.8.2003 under Section 7 and 13 of Prevention of Corruption Act, 1988 ('Act' for short), registered at Police Station S.V.B Ambala.

(2.) Prosecution story, in brief, is that on 27.8.2003, complainant Meena approached Inspector Des Raj (hereinafter referred as 'Inspector') with a complaint that the appellant, who was working as an Accountant in the office of Haryana Scheduled Caste and Financial Development Corporation, Yamuna Nagar, had demanded Rs. 2,000/- from her for sanctioning loan in her favour to the tune of Rs. 40,000/-. On the basis of the statement of the complainant, Inspector Des Raj organized a raid. Complainant handed over three currency notes in the denomination of Rs. 500/- each and five currency notes in the denomination of Rs. 100/- each to the Inspector and the same were initialled by the Inspector as well as Naib Tehsildar and they were treated with phenolphthalein powder ('P-Powder' for short). Complainant was directed to hand over the said currency notes to the appellant on demand. Mange Ram Verma Naib Tehsildar was joined as an official witness. Vijay Kumar was appointed 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. Demonstration qua working of P-Powder was shown to the witnesses. Thereafter, the raiding party left for the raid. Complainant and the shadow witness went inside the office of the appellant. Complainant handed over the tainted currency notes to the appellant on demand and appellant kept the same in his register. On receipt of signal from the shadow witness, Inspector Des Raj along with the 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.

(3.) The tainted currency notes were recovered from the register and the same were taken in possession. When the relevant papers of the register, from where the tainted currency notes were recovered, were dipped in a solution of sodium carbonate, colour of the solution turned pink.