RAM KISHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present appeal has been filed by the appellant against the judgment of conviction and order of sentence dated 15.10.2010 passed by learned Special Judge under P.C. Act, Hisar, whereby he was held guilty and convicted and sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 10,000/ - and in default of payment of fine, to further undergo rigorous imprisonment for a period of six months under Section 7 of the Prevention of Corruption Act, 1988.

(2.) THE brief facts of the case are that on 07.01.2008, complainant Satyawan along with Ram Sarup visited the office of SP, Vigilance Hisar and moved application Ex. P9 before S.P. Vigilance, which was marked to Inspector Ramesh Kumar. It was alleged in the complaint that a case of theft of electricity was registered against the complainant at Police Station Barwala and in this connection, he was called by ASI Ram Kishan 3 -4 times, who told him regarding registration of theft case but was not in mood to arrest him and was demanding Rs. 2000/ - for helping him (complainant) to obtain bail without being arrested. The complainant expressed his inability to pay the said amount but Ram Kishan was adamant on the aforesaid demand of bribe amount. It is further in the complaint that complainant was called at Court complex, Hisar with amount of Rs. 2000/ -. He did not want to pay the bribe but ASI Ram Kishan was not in a mood to do his work without obtaining the bribe. The application was marked to Inspector Ramesh Kumar and he formed a raiding party and reached the office of ADC Hisar and presented the application. ADC Hisar appointed Mr. Attar Singh ETO to join the raiding party. On this, Inspector Ramesh Kumar reached the office of ETO Attar Singh and he was joined in the raiding party. The complainant and shadow witness were introduced to Attar Singh. Complainant took out one currency note of denomination of Rs. 1000/ - and ten currency notes of Rs. 100/ - denomination from his pocket in the presence of the witnesses. Phenolphthalein powder was applied on currency notes and their numbers were recorded in the memo. The demonstration was also given. Then the raid was conducted. At about 1.15 P.M., on receiving signal from the shadow witness, the police party raided and apprehended accused Ram Kishan. During search, the said currency notes were recovered from the left side pocket of his jacket. All the currency notes recovered from the accused were found to be having initials of ETO Attar Singh and Investigating Officer and numbers of those tallied with the numbers of the notes which were handed over to the complainant. The recovered currency notes were taken into police possession. Both hands of the accused were got washed in sodium carbonate solution. Ruqa was sent to the police station, on the basis of which, the FIR was registered. After necessary investigation, the challan was presented against the accused -appellant.

(3.) IN support of its case, prosecution examined PW -1 SI Sultant Singh, who mainly deposed regarding remand paper in case FIR No. 399 dated 19.11.2007 under Sections 135/138 of Electricity Act and 379 IPC. PW -2 Constable Jasbir mainly deposed regarding delivering of special report. PW -3 Constable Subhash Draftsman proved the scaled site plan Ex. P4. PW -4 EASI Narender Kumar and PW -8 ASI Ram Phal, are the formal witnesses, who tendered into evidence their affidavits Ex. P5 and Ex. P18 respectively. PW -5 EASI Hari Singh deposed regarding recording of FIR. PW -6 Satyawan, complainant and PW -10 Ram Sarup, shadow witness, did not support the prosecution case and were declared hostile. They also disowned complaint Ex. P9 and statement Ex. P19 by stating that the police obtained their signatures on blank papers. PW -7 ASI Om Parkash mainly deposed that Ram Kishan was transferred from Police Lines Hisar to P.S. Barwala vide order dated Ex. P17. PW -9 Head Constable Ram Singh proved the FIR regarding electricity theft. PW -11 Sh. Kuldeep Singh, JMIC, Hisar deposed regarding recording of statements of Satyawan and Ram Sarup under Section 164 Cr.P.C. PW -12 ESI Balraj Singh mainly deposed regarding sanction Ex. P24. PW -13 ETO Attar Singh deposed regarding recovery of currency notes. He stated that he stood along with raiding party under the tree in the open lawn of Judicial Complex, Hisar and after some time he was called to the corner near the last court room towards the judicial parking. He saw the inspector having money in his hand and one official was already secured by the other police man in civil dress. They told them that the money was taken out from the left side pocket of Ram Kishan accused. This witness was declared hostile by learned Public Prosecutor. PW -14 Inspector Ramesh Kumar, Investigating Officer, deposed regarding investigation conducted by him in the present case.