DHARAM PAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present appeal has been filed to challenge judgment of conviction and order of sentence dated 4.10.2010 passed by Special Judge, Sirsa, vide which, the appellant has been convicted for offence punishable under Sections 7 and 13 of Prevention of Corruption Act, 1988 (hereinafter referred to as 'the PC Act') and has been sentenced to undergo rigorous imprisonment for a period of one year with a fine of Rs. 2,000/ - with default clause.

(2.) BRIEFLY , the facts of the prosecution story are that FIR No. 5 dated 15.2.2006 under Sections 7 and 13 of the PC Act was registered at Police Station SVB Hisar against accused -appellant Dharam Pal, who was posted as UDC in Electricity Board, Sub Division, Rania on the allegation that he demanded an amount of Rs. 2500/ - as an illegal gratification from complainant -Pal Singh for increasing the load of electricity connection of tubewell installed in the land, which was taken on lease by him from one Raj Kaur. The complainant was not interested in giving said illegal gratification to the accused and as such he moved an application against the accused to Inspector Ramesh Kumar stating all the facts. A raiding party was constituted under the orders of Deputy Commissioner and he deputed Naib Tehsildar, Rania as Gazetted Officer to join the raid. Five currency notes of the denomination of Rs. 500/ - each were given by the complainant to Inspector Ramesh Kumar to put initials and for applying phenolphthalein powder. Thereafter the Inspector handed over the currency notes to the complainant and directed him to hand over the same to accused on demand by giving signal to Gurmail Singh, who was made a shadow witness. Gurmail Singh was also directed to pass the signal to the raiding party after receipt of the amount by the accused -appellant from the complainant. When amount was given to accused -appellant, the shadow witness -Gurmail Singh gave signal to raiding party and raid was conducted. The currency notes were put in the liquid where sodium carbonate was added and its colour turned into pinkish. The case property was taken into possession and on the basis of ruqa, the FIR was registered by ASI Balbir Singh.

(3.) ON completion of prosecution evidence, statement of accused under Section 313 Cr.P.C. was recorded, wherein, he denied the allegations and pleaded innocence. Accused -appellant has stated in his statement that Raj Kumar and Pawan Kumar have filed a case against him pertaining to a land and he has been falsely implicated as father -in -law of said Pawan Kumar and Raj Kumar were having cordial relations with complainant -Pal Singh. The accused in his defence examined Ramesh Kumar, Driver as DW -1, Bhagwan Dass as DW -2 and Sher Singh as DW -3.