KULDEEP SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal has been filed against the judgment dated 06.05.2014 passed by the Special Judge, Kurukshetra, whereby Ashok Kumar, accused -respondent No.2, has been acquitted of the charge under Section 7 of the Prevention of Corruption Act, 1988.

(2.) IN brief, the facts of the case are that on 15.11.2011, Raj Pal, Inspector, State Vigilance Bureau was present in his office at Kurukshetra, in the meantime, Kuldeep Singh -complainant came there and made an application (Ex.P15) alleging that he was a Government contractor, who had taken works in Construction Division No.14, Irrigation Department, Kurukshetra and BR Bridge at RD No.72200 and earth work for about Rs.8,90,000/ - in the year 2010 -11 and this construction was over. However, the Junior Engineer had not made entry of Rs.1 lac in the M.B. with regard to the work done by him and ayment of the said work for an amount of Rs.2 lacs was not made to him. With regard to the said payment, complainant had met the Executive Engineer, Ashok Malhotra (Accused) 2 -3 days ago, but, he had refused to pay the amount. The complainant also requested the accused -respondent No.2, but he stated that he would not allow the M.B. to be filled up in respect of the work done by him and also would not allow the Junior Engineer and Sub -Divisional Officer to prepare the bills till the time he (complainant) paid the bribe of Rs.30,000/ -. However, initially the matter was settled for a sum of Rs.10,000/ - and the remaining amount of Rs.20,000/ - was to be paid before taking the amount by the complainant. On that day, complainant had called the accused in the office with Rs.10,000/ -. Complainant had produced currency notes of Rs.10,000/ -. Satbir Singh son of Zile Singh, resident of village Kharak -Pandav, District, Kaithal was also accompanying him at that time. On receipt of the application (Ex.P15), written intimation was sent to the Police Station, State Vigilance Bureau, Ambala through Constable Satbir and a raiding party was prepared. Deputy Commissioner, Kurukshetra had appointed Shri R.K. Bhoria, Tehsildar, Thanesar as Duty Magistrate. Rs.10,000/ - produced by the complainant, were produced before the Duty Magistrate. Thereafter, Duty Magistrate tallied the list of currency notes. Both Investigating Officer and Duty Magistrate put their initials on the currency notes and thereafter, phenolphthalein powder was applied to the currency notes. Personal search of Kuldeep Singh -complainant was conducted and currency notes of Rs.10,000/ - were handed over to him, upon which phenolphthalein powder had already been applied. The complainant was instructed to hand over the currency notes to accused -respondent No.2 in his office on demand. Satbir Singh was appointed as shadow witness with the instruction that he would go with Kuldeep Singh -complainant in the office of accused and after staying at some distance, he would hear the conversation between complainant and Kuldeep Singh. A further direction was given that immediately after receiving money by the accused, he would give a prefixed signal to the raiding party. Thereafter, complainant and the shadow witness left for the office of accused on private motorcycle, whereas other membeers of the raiding party went in a Government vehicle. On giving a signal by shadow witness -Satbir Singh, the Investigating Officer and Duty Magistrate entered the office of accused and overpowered him. On the asking of Investigating Officer, accused disclosed his name as Ashok Kumar son of Bhagwan Dass. When Duty Magistrate asked the accused to hand over bribe amount, initially the accused had shown reluctance, but on being asked repeatedly, he took out currency notes of Rs.10,000/ - from the pocket of his shirt. Thereafter, the currency notes were got tallied and put in a white envelope in the shape of parcel. Empty jug along with water was arranged and sodium carbonate powder solution was prepared therein. With the solution stated above, hands of accused were got washed and in this process, colour of the solution turned light pinkish. Therafter, the solution was put in an empty nip and a parcel of the same was prepared. The jug was cleaned with water and sodium carbonate solution was prepared. Both the hands of the complainant Kuldeep Singh were got washed in that solution, upon which, the solution turned dark pinkish. Again sodium carbonate powder solution was prepared and after arranging another shirt for the accused, the left side pocket of the same was got washed in the solution, whereupon the colour of the solution turned light pinkish. The solution was put in a nip of glass and a parcel of the same was prepared. All the nips, envelope of currency notes, parcel of shirt were sealed with the seal bearing impression 'SVB (H)' and taken into police possession. After completion of necessary investigation, challan was prepared and presented in the Court. After presentation of the challan, charge under Section 7 of the Prevention of Corruption Act, 1988 Act was framed against the accused, to which, he pleaded not guilty and claimed trial.

(3.) IN order to prove its case, the prosecution examined Banwari Lal (PW -1), Anil Kumar (PW -2), Kuldeep Singh -complainant (PW -3), Satbir Singh (PW -4), R.K. Bhoria, Tehsildar (PW -5), Inspector Raj Pal (PW -6), Mukesh Kumar, Assistant Sub Inspector (PW -7), Ramesh Chand, Assistant (PW -8), Jagdish Lal, Divisional Account Officer (PW -9), Rajesh Dahiya, Assistant (PW -10), Sohan Lal, Assistant (PW -11), Manjeet Singh, Assistant Sub Inspector (PW -12), Balwan Singh, E/Head Constable (PW - 13), Satish Kumar Constable (PW -14), Om Parkash, Divisional Clerk (PW - 15), Parveen Kumar Gupta, XEN (PW -16), Vikas Dhiman, Junior Engineer (PW -17) and Ishwar Singh, retired Inspector (PW -18). Thereafter, the evidence of the prosecution was closed.