GURCHARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant had faced trial in FIR No.8 dated 24.03.1999 under Section 7, 13(2) of the Prevention of Corruption Act, 1988 (in short 'Act') registered at Police Station Vigilance Bureau, Ferozepur Range, Ferozepur.

(2.) Prosecution story, in brief, is that the complainant Sukhminder Singh owned 33 acres of land. Out of this land, 7 kanals of land did not fall in the command area meaning thereby that the said 7 kanals of land was not being irrigated through canal water. Sukhminder Singh had 1/3rd share out of 33 acres of land. On 12.02.1999, complainant moved an application before the Divisional Officer (Canal) for providing canal water to his land measuring 7 kanals. Divisional Officer (Canal) sent the application to the Sub- Divisional Officer (Irrigation), who in turn, marked the same to the appellant who was posted as Ziledar. The Canal Patwari, after completing papers, sent the case to the appellant on 19.03.1999. On 22.03.1999, complainant went to the office of the appellant but he (appellant) was not available. On 24.03.1999, at about 9.00 a.m., complainant went to the house of the appellant in connection with his case. Appellant demanded Rs. 3,000/- from the complainant for doing the needful. The deal was settled at Rs. 2,000/-. Appellant told the complainant to meet him in the afternoon in his office along with the bribe money. Complainant met the Deputy Superintendent of Police (in short DSP), Vigilance in this regard, who organized a raiding party. Complainant gave 20 currency notes in the denomination of Rs. 100/- each to the DSP who returned the same to the complainant after application of phenolphthalein powder (in short 'p. powder'). Complainant was directed to hand over the said currency notes to the appellant on demand. Gurcharan Singh 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. Thereafter, Gian Chand was joined as an official witness. Thereafter, the raiding party reached the spot. Complainant and shadow witness went inside the office of the appellant. Complainant handed over the tainted currency notes to the appellant on demand. Appellant kept the tainted currency notes in his right pant pocket. 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, 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 possession. Tainted currency notes were recovered from the right pant pocket of the appellant and were taken in possession. When the pant pocket of the appellant was 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 a sealed parcel and was taken in possession. After completion of investigation and necessary formalities, challan was presented against the appellant. Prosecution, in order to prove its case, examined 11 witnesses.

(3.) Appellant when examined under Section 313 of the Code of Criminal Procedure, 1973 (in short 'Cr.P.C.') prayed that he was innocent.