BALI RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) Accused Bali Ram who was serving as an Assistant Sub Inspector, has challenged the jugdment of conviction and sentence passed by the trial Court vide which he was convicted under Section 7 of the Prevention of Corruption Act, 1988, (hereinafter referred to as 'the Act') and sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.5000/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of six months, and was also convicted under Section 342 IPC and sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs.1000/- and in default of payment of fine, to further undergo simple imprisonmnt for a period of one month.

(2.) It is the case of the prosecution on 22.9.2006, accused Bali Ram, ASI, took forcibly PW-1 Sushil Kumar from his house, having raised a demand of Rs.25,000/- as an illegal gratification, and kept him illegally at the Police Post Naka Assandh Road, Panipat. PW-3 Vikram is the brother of PW-1. PW- 3 accompanied by PW-5 Rajender Sharma, met the accused in the Police Post. Ultimately, the accused agreed to release Sushil Kumar after receiving a sum of Rs.10,000/- as an illegal gratification. PW-3 did not like to part with the illegal gratification so demanded by the accused and so, he contacted the Director General of Police, Haryana. PW-21 DSP Rajesh Duggal was placed on duty with the Flying Squad to look into the complaint of PW-3. PW-3 handed over to PW-1 five currency notes in the denomination of Rs.1000/- each and ten currency notes in the denomination of Rs.500/- each. In the presence of PW-3 Vikram, PW-5 Rajender Sharma and PW-16ASI Man Singh., Phenolphthalein powder test was demonstrated. It is further the case of the prosecution that PW-5 Rajender Sharma proceeded with the tainted currency notes along with PW-3 Vikram, who was used as a shadow witness, to the house of the accused and on demand of bribe made by the accused, tainted currency notes to the tune of Rs.10,000/- were handed over to the accused in the presence of PW-3 Vikram who gave pre-arranged signal to PW-21 who along with the raiding party descended on the house of the accused and recovered the currency notes. The hands of the accused were dipped in the Sodium Carbonate solution upon which the said solution turned pink in colour. The amount was recovered and the accused was also arrested by PW-17.

(3.) Accused set up a plea in his statement under Section 313 Cr.P.C. that he was innocent and had been falsely implicated in the case. No such raid was conducted. No currency notes were recovered from his possession. PW-1 Sushil Kumar was also not released from Police Post.