KIRAN CHANDER ASRI Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE appellant -accused was convicted for the offences punishable under Sections 7 and 13 of the Prevention of Corruption Act, 1988 (in short, 'the Act') by learned Special Judge, Sonipat and sentenced to undergo rigorous imprisonment for a period of two years and fine of Rs. 1,000/ - under Section 7 of the Act and rigorous imprisonment for a period of two years and fine of Rs. 2,000/ - under Section 13 of the Act and in default of payment of fine to undergo further rigorous imprisonment for a period of six months with the stipulation that both the sentences shall run concurrently.

(2.) THE accusations which led to the trial of the appellant are that complainant -Ranbir Singh (PW 4), was the Sarpanch of Gram Panchayat, Mundlana. The said Gram Panchayat passed resolution for auction of fish -ponds in the village and sent it for approval to the appellant who fixed the auction for 15.03.1995. On that day, the appellant did not go to the village himself but deputed the Panchayat Officer who auctioned only the land of Panchayat and refused to auction the fish -ponds as per direction of the appellant. Thereafter, the auction of the fish -ponds was fixed for 22.03.1995. The complainant met the appellant who told him that if he wanted the auction of fish -ponds, he should have to pay Rs. 2000/ - as bribe. The complainant expressed his inability to give the bribe at which the appellant told him in categorical terms that the complainant would have to pay Rs. 2,000/ -, if he wanted to get the fish -ponds of his village auctioned. The appellant did not go to village Mundlana even on 22.03.1995 and then the auction was fixed for 06.04.1995 in consultation with the appellant, but later the appellant clearly told that there would be no auction without the payment of bribe. Since the complainant was not intending to pay the bribe to the appellant, he went to S.P. State Vigilance Bureau, Karnal, along with application (Ex. PC) dated 04.04.1995 and also produced before him two currency notes of Rs. 500/ - each and ten currency notes of Rs. 100/ - each.

(3.) ON 07.04.1995, when the investigating officer reached his office, Ranbir Singh, complainant was already present there and Inspector Hari Chand, S.V.B., Sonipat, was also incidentally present there. The investigating officer prepared a list of the currency notes (Ex. PD), memo (Ex. PF) with regard to recovery of notes (Ex. PF) and memo (Ex. PE) of handing over the notes to the complainant. The investigating officer registered the formal FIR (Ex. PP) at Police Station S.V.B. Karnal. Then a raiding party was formed which went to the office of XEN, Gohana, from where Ram Mehar, XEN, was joined in the raiding party. Ram Mehar, XEN, verified the currency notes which were again handed over to the complainant. Then they all went to the office of the appellant. Hari Chand, Inspector, was deputed as a shadow witness and instructed to give a fixed signal by moving his hand over the head after the acceptance of the bribe money by the appellant. The Investigating officer himself stood at the main gate of office of the B.D.O., along with Ram Mehar, XEN. The complainant and shadow witness went to the office of the appellant. After ten minutes thereof, the shadow witness passed the requisite signal upon which the raiding party went inside the office of the appellant, who was seen putting something in the drawer after removing the same from his pocket. The Investigating Officer gave his introduction to the appellant, who after some persuasion opened the drawer of his table and took out the bribe money and handed over the same to the investigating officer. The numbers of the tainted currency notes recovered from the possession of the appellant were compared with the number of the currency notes detailed in the list (Ex. PD). The numbers tallied. Then solution of sodium carbonate was prepared in which the hands of the appellant were dipped and solution turned pink. The same test was repeated with the notes and the pocket of shirt of the appellant. Each test resulted in the solution turning pink. Each solution was put in separate pints which were sealed. The shirt and the currency notes were also put in sealed parcels. Seal after use was handed over to Ram Mehar, XEN. Before arrest, personal search of the appellant was conducted which led to the recovery of currency notes of Rs. 470/ -, a gold chain and a pen. The other formalities of investigation were carried out at the spot. The hand wash, note wash and pocket wash of shirt of the appellant were sent to the FSL. The sanction for prosecution of the appellant was obtained from the competent authority. After completion of investigation, challan against the appellant was submitted to the Special Court to face the trial.