KRISHAN KUMAR Vs. C.B.I.

JUDGEMENT

(1.) THIS criminal appeal has been filed by appellant -Krishan Kumar challenging the impugned judgment of conviction and order of sentence dated 14.8.2002 passed by learned Special Judge, C.B.I., Patiala, whereby he has been held guilty and convicted for the offences under Section 7 and Section 13(1)(d) punishable under Section 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as 'the Act'). He has been sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 2,000/ - and in default of payment of fine to further undergo rigorous imprisonment for four months for the offence under Section 7 of the Act. He has also been sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 2,000/ - and in default of payment of fine to further undergo rigorous imprisonment for four months for the offence under Section 13(1)(d) punishable under Section 13(2) of the Act. However, both the sentences of imprisonment have been ordered to run concurrently.

(2.) THE brief facts of the prosecution case are that the accused - appellant was working as Senior Telephone Operating Assistant in the office of General Manager (T), Amritsar. He was caught red handed while demanding and accepting Rs. 1500/ - as bribe from Sarabjit Singh for shifting his telephone No. 481979 from Kot Baba Deep Singh Colony, Shop Nos. 84 -85, Tarn Taran road, Amritsar to M/s. P.S. Road Lines, Shop No. 23 -B, Akali Phoola Singh Market, Ghee Mandi, Amritsar. FIR No. 45 dated 17.8.1999 was registered against him at Punjab Vigilance Bureau, Jalandhar. The accused -appellant was a Central Government employee and as such, the investigation of the case was taken up by the C.B.I. Sarabjit Singh had applied for shifting of his above telephone and the application was received in the Department of Telecom, Amritsar on 30.7.1999 vide S. No. 8017. The file pertaining to the above telephone was pending with the accused on 16.8.1999. Sarabjit Singh contacted the appellant on 16.8.1999 and he demanded a sum of Rs. 2,000/ - from him for shifting the telephone. Sarabjit Singh made a false promise to pay the bribe amount of Rs. 1,500/ - to the accused -appellant, who had asked him to come along with bribe amount on 17.8.1999. Sarabjit Singh along with Raj Kumar visited DSP Ranbir Singh at Vigilance Bureau, Amritsar and got recorded his statement. Sarabjit Singh produced two currency notes of Rs. 500/ - denomination each and five currency notes of Rs. 100/ - denomination each. The said currency notes were smeared with phenolphthalein powder and the same were handed over to Sarabjit Singh with an instruction to give the same to the accused on demand. It was also ensured that Sarabjit Singh was not possessing any other currency notes of Rs. 100/Rs. 500 with him. A handing over memo was prepared and the numbers of currency notes were also recorded therein. Raj Kumar was directed to act as a shadow witness and Government witness was joined and raid was conducted. Santokh Singh, Junior Assistance was also joined in the raiding party. 'Ruqa' was sent to the Punjab Vigilance Bureau and FIR was registered. At about 3.05 p.m., DSP Ranbir Singh along with complainant, shadow witness, Government witness and other members of the raiding party left the Vigilance Bureau Office in a jeep for conducting the raid. Sarabjit Singh and Raj Kumar went inside the office of accused, who told them to stand outside after inquiring regarding the bribe money. After some time, accused came out of the office and met the complainant and demanded bribe money. The tainted money was handed over to the accused by Sarabjit Singh. On the passing of the bribe money, Raj Kumar shadow witness gave the pre -appointed signal to the raiding party. On the receipt of the signal, the raiding party reached the spot. DSP Ranbir Singh introduced himself to the accused. The accused was holding the tainted money in his right hand. Their numbers were got tallied by Santokh Singh with the help of already prepared memo and the same tallied. The tainted money was taken into possession vide separate recovery memo. A solution of Sodium Corroborate was prepared. The fingers of both the hands of the accused were washed in the said solution and the colour turned pink. Recovery memo, site plan etc. were prepared. Sanction was received from the competent authority. After completion of the necessary investigation, challan was presented.

(3.) IN support of its case, the prosecution examined various witnesses.