PARAMPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been preferred against the judgment of conviction dated 1.7.2004 vide which appellant- Parampal Singh has been held guilty and convicted for the offences punishable under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988 (hereinafter called 'the Act') and the order of sentence of the even dated vide which the appellant was sentenced as under:

(2.) The brief facts of the prosecution case are that PW-4 Nachhattar Singh was having an electric connection in his house situated in a village Arayian Wala Kalan Distt. Faridkot. He could not deposit the electricity charges in time. Thus, his electrical meter was ordered to be removed and the same was removed by the present appellant on 6.10.2001. Later on, complainant-Nachhattar Singh deposited the entire charges due against him on 8.10.2001 and the reinstallation of the electric meter at his house was ordered. Complainant-Nachhattar Singh contacted the present appellant- Parampal Singh, who was posted as a lineman of the concerned area, for installation of the meter. Accused-appellant demanded a bribe of Rs. 500/- from him for reinstallation of the meter. Complainant showed his inability to pay this amount and ultimately, the deal was struck for a sum of Rs. 300/- Thus, Nachhattar Singh narrated all these facts to PW-5 Piara Singh. On 11.10.2001, the complainant contacted PW-7 Mehal Singh, Deputy Superintendent of Police (for short "DSP"), Vigilance Bureau, Faridkot and narrated the entire story. Then, his statement Ex.PC was recorded by DSP Mehal Singh. Complainant-Nachhattar Singh presented three currency notes of denomination of Rs. 100/- each. The numbers of those currency notes were noted and the memo Ex.PD was prepared. Phenolphthalein powder was applied to the said currency notes. Those currency notes were again handed over to complainant- Nachhattar Singh with the instructions that he should hand over the said notes to the accused-appellant only on his demand. PW-5 Piara Singh was instructed to act as a shadow witness. He was instructed to hear the conversation between the accused and the complainant and to give a signal when the bribe money is accepted by the appellant. The Investigating Officer gave demonstration of the solution of the phenolphthalein powder and the sodium carbonate. The memo to this effect Ex.PJ was prepared. DSP Mehal Singh made his endorsement Ex.PC/1 on the statement of the complainant and sent the same to the Police Station Vigilance Bureau, Ferozepur on the basis of which the formal FIR Ex.PC/2 was registered.

(3.) Thereafter, a raiding party was constituted by joining PW- 6 Avninder Pal Singh, Agricultural Development Officer and Sanjiv Kumar, clerk. They were introduced with the complainant and the shadow witness. The raiding party went to village Arayian Wala where the accused-appellant was posted. The other members of the raiding party stopped at some distance from the village. Complainant-Nachattar Singh and shadow witness Piara Singh were sent to the accused to act as per the directions already given. The accused-appellant was present at the shop of Gurbachan Singh. When the complainant reached there, the accused demanded the money from him. Complainant handed over the tainted currency notes of Rs. 300/- to the appellant. The accused-appellant put those currency notes in the front left side pocket of his shirt. PW-5 Piara Singh, the shadow witness, gave the signal to the police party which reached at the spot. The accused-appellant was apprehended. DSP Mehal Singh introduced himself to the accused. The solution of sodium carbonate was prepared and the handwash of the accused was taken which turned into light pink colour. The said solution was stored in the empty nip and was converted into sealed parcel bearing the seal impression 'MSS'. The same was taken into possession vide memo Ex.PE. The search of the appellant was conducted. Three currency notes of denomination of Rs. 100/- each were recovered from the front left side pocket of the shirt of the accused. The numbers of said currency notes were tallied with the memo Ex.PD. The recovered currency notes were taken into possession vide memo. Ex.PF. The pocket wash of the shirt of the accused was also taken into the solution of sodium carbonate which also turned light pink in colour. The said solution was also stored in a sealed nip bearing seal impression 'MSS'. The said solution and shirt were also taken into possession vide separate memos. The Investigating Officer prepared the rough site plan of the place of occurrence. The accused-appellant was arrested. After completing the necessary formalities of the investigation and obtaining the sanction order for the prosecution of the appellant, the report under Section 173 Cr.P.C. was presented in the Court.