BALBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been preferred against the judgment dated 17.01.2004, passed by the learned Special Judge, Hoshiarpur, vide which accused-appellant Balbir Singh has been held guilty and convicted for the offence punishable under Section 7 read with Section 13(2) of the Prevention of Corruption Act, 1988 (hereinafter called the 'Act') and the order on the quantum of sentence of the even dated, vide which, the appellant was sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 5000/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of three months.

(2.) The brief facts of the prosecution case are that accused-appellant Balbir Singh was posted as Assistant Sub Inspector of Police at Police Station Mahilpur in the month of April/May 2002 and was conducting the investigation of case FIR No. 23 dated 15.02.2002 for the offences punishable under sections 323/324 read with Section 34 of the Indian Penal Code, which was registered on the complaint of one Rem Dev, resident of village Bham, against complainant Prem Kumar and others. Complainant Prem Kumar in his statement Ex. PA made before Rajwant Kumar DSP alleged that he and his son was granted anticipatory bail by the Court of the learned Additional Sessions Judge, Hoshiarpur on 19.04.2002. The surety bond was to be furnished before the Investigating Officer. He and his son appeared before the accused Balbir Singh being the Investigating Officer and shown him the order of the Court for joining investigation and furnishing the bail bonds. The accused demanded Rs. 5000/- as illegal gratification from the complainant before joining them in the investigation and accepting the bail bonds. The complainant told the accused that amount was huge and on his repeated requests, the accused told them to come to his official quarter (residence) on 02.05.2002 along with Rs. 3000/- and also to bring his sureties. The complainant was not prepared to pay the bribe. He reported the matter to the DSP, Vigilance Bureau, Jalandhar along with Nirmal Singh and made his statement Ex. PA. The complainant also handed over the currency notes of Rs. 3000/- to Rajwant Kumar DSP. The DSP called the official witnesses namely Darshan Singh, Assistant Labour Commissioner and Gurdev Sharda, Clerk in the said office. These witnesses were introduced to the complainant and Nirmal Singh. The DSP gave demonstration of the mixture of sodium carbonate and phenolphthalein powder. The phenolphthalein powder was applied on all the ten currency notes and entrusted to complainant Prem Kumar with the instructions to go to the official residence of accused ASI Balbir Singh and to give the said currency notes to him on his demand. Nirmal Singh was directed to act as a shadow witness and to accompany the complainant. He was directed to give the signal to the raiding party after passing over the bribe money.

(3.) The statement of complainant Ex. PA, after making the endorsement Ex. PR, was sent to the Police Station Vigilance Bureau, Jalandhar by the DSP. On the basis of which, FIR Ex. PS was registered. Thereafter, the trap party proceeded towards the Police Station Mahilpur. Prem Kumar and Nirmal Singh shadow witness accompanied by some other persons went to the official residence of the accused. After some time, the said other persons who had accompanied the complainant came out. Thereafter, Nirmal Singh the shadow witness, gave the signal to the raiding party. The raiding party reached at the spot. The DSP introduced himself to the accused and he was held from both the hands. The hand wash of the accused was taken in the solution of some washing powder and it turned to pink in colour. The said solution was put in an empty nip and sealed parcel was prepared, which was taken into possession vide memo Ex. PD. Thereafter, at the instance of the accused and with the help of Darshan Singh, the recovery witness, the tainted currency notes were recovered lying over the water tank of the flush from the toilet of the residential house of the accused, which were taken into possession vide memo Ex. PC. Thereafter, the pocket wash of the trouser of the accused was also taken, which also turned light pink in colour. The same was also put into an empty nip and was kept in sealed parcel, which was taken into possession vide memo Ex. PF. The Investigating Officer also recovered the file of case FIR No. 23 dated 15.02.2002 Police Station Mahilpur from the possession of the accused. The photocopies thereof were prepared and were taken into possession vide memo Ex. PG. The Investigating Officer prepared the rough site plan of the place of occurrence Ex. PT. Accused was arrested and on completion of formalities of investigation, the report under Section 173 Code of Criminal Procedure (for short 'Cr.P.C.') was presented in the Court.