RAVI KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) APPELLANT Ravi Kumar has challenged in the present appeal the conviction and sentence passed by the trial Court under Section 7 of the Prevention of Corruption Act, 1988.

(2.) THE brief facts of the case are that Mohinder Singh, father of PW2 Gurmej Singh applied for an electric connection to the pumpwell. On receipt of an order from the Punjab State Electricity Board (PSEB), complainant Gurmej Singh contacted accused Ravi Kumar who demanded a sum of Rs. 4000/ - as illegal gratification for installation of electric connection. Ultimately, the matter was settled for Rs. 1000/ -. PW2 Gurmej Singh narrated the demand of bribe to PW3 Malkiat Singh. As advised by PW3 Malkiat Singh, PW2 approached the Vigilance Department and met PW7 DSP Pritpal Singh on 21.3.1997. The statement of PW2 was recorded. An FIR was registered based on his statement. PW2 Gurmej Singh produced 10 currency notes of the denomination of Rs. 100/ - each. PW7 applied phenolphthalein power on the currency notes. Phenolphthalein test was demonstrated to PW2. Necessary instruction was passed on to PW2 and PW3 to act as shadow witness. PW4 Darshan Singh an independent witness was also associated for raiding the office of the accused. PW2 and PW3 entered the office of the accused. The remaining police party stayed behind. The complainant met the accused who asked him whether he had brought the requisite amount. The complainant informed accused that he had brought Rs. 1000/ -. The accused asked the complainant to keep the said amount in his register. The complainant kept the amount in the register. PW3, the shadow witness in this case gave a signal to the raiding party as already instructed. PW7 alongwith other raiding party entered the office of the accused. The accused disclosed that the tainted money was lying in the register. The serial numbers of the currency notes were compared with the serial numbers noted down in the memo. The currency notes in the register were taken into possession and on the personal search of the accused, a purse containing Rs. 1800/ - was recovered. The accused was arrested. Rough site plan was prepared. The investigation was completed after recording the statement of the witnesses. The accused was later on challaned.

(3.) ON the side of the prosecution, PW1 Dheeraj Kumar, PW2 complainant Gurmej Singh, PW3 shadow witness Malkiat Singh, PW4 independent witness Darshan Singh and PW5 Labh Singh, PW6 DSP Chaman Lal, PW7 DSP Pritpal Singh and PW8 Surinder Singh Walia were examined.