BRIJ MOHAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Brij Mohan appellant stands convicted and sentenced to rigorous imprisonment for two years and a fine of Rs. 500/-, in default further rigorous imprisonment for three months, under section 5 (2) of the Prevention of Corruption Act and rigorous imprisonment for one year under section 161 of the Indian Penal Code by the Special Judge, Amritsar, vide his order dated 31st October, 1983. Both the substantive sentences of imprisonment have been ordered to run concurrently.

(2.) In the months of December, 1980, and January, 1981, the appellant was posted as Internal Auditor in the office of the Punjab State Electricity Board, Mall Mandi, Amritsar, Balwinder Singh complainant PW 8 made an application, Exhibit PB, for the grant of an electric connection. The appellant was supposed to assess the amount of security deposit and make a report on the application- about the same. When on 26th December, 1980, Balwinder Singh approached the appellant for the purpose, he demanded Rs. 100 as bribe. Ultimately the matter was settled at Rs. 80. Since Balwinder Singh did not have the money on him, he came back from the office.

(3.) On 2nd January, 1981, Balwinder Singh complainant contacted Harbhajan Singh Vigilance Inspector PW 10 and made statement Exhibit PC before him. On the basis of Exhibit PC formal first information report Exhibit PC/2 was recorded at Police Station A Division, Amritsar, at 3.30 P.M. on 2nd January, 1981. Balwinder Singh gave four currency notes Exhibits P1 to P4 of the denomination of Rs. 20/- each to Harbhajan Singh Vigilance Inspector who initialed the same after noting down their numbers. The currency notes were treated with phenolphthalein powder and returned to Balwinder Singh for being passed on to the appellant. Charan Singh PW 3, was directed to act as a shadow witness. Harbans Lal, a Clerk of the office of the Deputy Commissioner, was joined by the Vigilance Inspector as a member of the raid party. The party went in a jeep to the office of the appellant. The jeep was parked on the roadside and Balwinder Singh and Charan Singh went ahead of the party to the office of the appellant. The appellant asked Balwinder Singh if he had brought the money to which he replied in the affirmative. Currency notes Exhibits P1 to P4 were given to the appellant who after counting them put the same in purse Exhibit P5 and the purse was kept in the inner pocket of coat Exhibit. P6. On a signal having been given by Charan Singh PW 9, Harbbajan Singh Vigilance Inspector reached the office of the appellant and after disclosing his identity and observing the formalities searched the person of the appellant and recovered purse Exhibit P5 from the pocket of the coat of the appellant and took out currency notes Exhibits P1 to P4. The numbers of the notes tallied with the numbers retained by the Vigilance Inspector. The appellant was made to wash his bands in a solution of sodium carbonate. The colour of the same turned pink. The solution was put in a nip and sealed. The currency notes, the purse and the coat of the appellant were taken into possession. After due investigation and obtaining the sanction for the prosecution of the appellant he was sent up for trial.