PARAMJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an appeal directed by the accused-appellant against the judgment and order dated 12.4.2003 passed by Sh. G.K. Rai, Special Judge, Jalandhar, vide which the accused has been convicted under Section 7 read with Section 13(2) of the Prevention of Corruption Act, 1988 (hereinafter to be referred to as 'the Act") and sentenced to undergo rigorous imprisonment for a period of 1 year and to pay a fine of Rs.1,000/- and in default of payment of fine to further undergo rigorous imprisonment for two months.

(2.) The case of the prosecution as enumerated from the record is that on 10.5.2000 complainant Kapil Dev lodged a complaint with DSP Vigilance Bureau, Jalandhar to the effect that he is a deed writer and about 4-5 years back he had purchased Kothi No. 978 in the name of his mother Asha Rani. This Kothi is a double storey building. In one portion of the building his mother is residing, while in the other portion he is residing alongwith his family. The portion which is occupied by his mother is having an electric meter installed in it while he is having no electric meter in the portion which is occupied by him and his family members. Since the meter was common, there remain dispute amongst the ladies of the family. On 9.5.2000, he contacted the accused, who was posted as Lineman of the area in Punjab State Electricity Board at Jalandhar, for installation of a separate electric meter in his portion. Accused disclosed him that he should deposit security and show him the receipt and should pay him Rs.500/- as bribe for doing the needful. The complainant told the accused that he is not having money ready with him. On 10.5.2000 for the purpose of installation of meter, he deposited Rs.480/- as security with the electricity department. The accused was to come to his office near the office of Municipal Corporation, Jalandhar, for obtaining said sum of Rs.500/- as bribe. Since the complainant did not want to give bribe as demanded by the accused, he contacted the DSP. Statement of the complainant was recorded. The complainant was accompanied by shadow witness Rajan Sharma. The complainant produced five currency notes of denomination of Rs.100/- each amounting to Rs.500/- before the DSP. Amrik Singh the then DSP vigilance, Jalandhar, applied phenolphthalein powder to those currency notes and handed over the same back to the complainant with the direction that it should be given to the accused only he makes demand for doing the work otherwise not. The shadow witness was directed to accompany the complainant for watching the proceedings and for giving signal to the police party on acceptance of the currency notes.

(3.) The DSP also gave demonstration to the witnesses as to how the water and washing soda turn pink after coming into contact with the said powder. He noted down the numbers of the currency notes and prepared memo in this regard, which was attested by the PWs. Ranjit Singh BDPO, Jalandhar and Devi Dass, Clerk were also joined in the raiding party as independent official witnesses. On the complaint endorsement was made and on its basis formal FIR was registered. The DSP got the hands of all the members of the party washed thoroughly with the help of water and soap. The complainant and shadow witness went to the place in front of office of Municipal Corporation and the other members of raiding party scattered near the Nehru Park, Jalandhar. On receipt of signal from the shadow witness, the police party alongwith other members of raiding party went to the spot. Amrik Singh DSP disclosed his identity to the accused and caught him by his arms and prepared solution of water and washing soda, the colour of which was white. The hands were got washed into that solution by the DSP and the colour turned light pink. That solution was put in a nip and was sealed with the seal of DS. The sealed parcel was taken into possession vide memo. The personal search of the accused was conducted through the BDPO, Ranjit Singh, upon which five currency notes of the denomination of Rs.100/- each were recovered from the front pocket of the shirt of the accused. The numbers of those currency notes were got compared with the numbers entered in the memo and the same tallied with each other and the recovered notes were taken into possession vide separate memo. One empty purse and wrist watch were also recovered which were taken into possession vide separate memo.