VINAYAK V JOSHI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Vinayak V. Joshi and Inder Jit were tried in the Court of Special Judge, Delhi. The learned Special Judge convicted Joshi accused under Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act, and under Section 161 of the Indian Penal Code, and sentenced him to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 200 or in default to undergo rigorous imprisonment for a further period of two months on the former count, and to undergo rigorous imprisonment for a period of one year on the latter count. Both the sentences were ordered to run concurrently. Inder Jit was convicted under Section 201 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for a period of two months. There was also a charge of conspiracy under Section 120-B of the Indian Penal Code, read with Section 161 of the Indian Penal Code and Section 5(2) taken along with Section 5(1)(d) of the Prevention of Corruption Act against the two accused, but they were acquitted on that count. Joshi and Inderjit have filed separate appeals which would be disposed of by this Judgment.

(2.) The prosecution case is that in June 1963 Joshi accused was working as X-Ray Technician in Central Hospital Northern Railway New Delhi, while Inder Jit accused was working as an X-ray attendant with Joshi in that Hospital Shambir Singh, Mam Chand, Maha Nand and Baljit Singh (P. Ws.) were selected for recruitment as Rakshaks in the Railway Protection Force on 12th June 1963 at Saharanpur and were directed to get themselves medically examined in Delhi. They were supplied memos for that purpose on 17-6-1963. They went to the railway hospital at Delhi main railway station. The same day they along with some other candi-dates were asked to report to the Medical Officer X-ray unit at Central Railway Hospital, Paharganj. New Delhi. Shambir Singh and other three prosecution witnesses, accordingly went to the Central Railway Hospital and met the doctor incharge of X- ray who directed them to meet the X-ray technician. Shambir Singh and others then met Joshi accused who told them to come on the following morning. On the morning of 18th June 1963 Sham-bir Singh, Mam Chand, Maha Nand and Bal-jit Singh (P. Ws.) along with five others attended the hospital and their X-ray was taken On enquiry they were told to come on 20th June 1963 for the X-ray result. On 20th June 1963 Shambir Singh, Mam Chand Maha Nand and Baljit Singh along with three other candidates attended X-ray Unit of the Central Hospital. Shambir Singh, Mam Chand, Maha Nand and Baljit Singh were then told to stay for another X-ray. Another X-ray of the said four prosecution witnesses was taken by the accused. Shambir Singh and the other three prosecution witnesses, waited till about 4 p.m when Joshi accused came out of the hospital on the road and called Shambir Singh and the other three pro secution witnesses and told them that then was some defect in their X-ray and the doc-tot wanted Rs. 25 as bribe from each of them Shambir Singh and the three others were told to bring Hie money at 10 a.m. on the following day. Shambu Singh and the three others did not intend to pay the money and went to one Labh Singh and told him about the demand of money by Joshi Accused. Labh Singh advised them to stay for the night and next morning, i.e. on 21st June, 1963, produced Shambir Singh and three others before Assistant Security Officer. Assistant Vigilance Officer of the Northern Railway was then contacted and he took Shambir Singh and others to the office of the Special Police Establishment and produced them before D. S. P. Somji Mal at about 10 or 10.30 a.m. The Deputy Superintendent of Police then recorded the statements of Shambir Singh, Mam Chand, Maha Nand and Baljit Singh (P. Ws.) He sent for two witnesses, Shri S. Ghaushal, Assistant Controller of Imports and Exports, and Shri T. J. Stephen, Section Officer of the office of Chief Commercial Officer Import and Export. The statements made by Shambir Singh, Mam Chand, Maha Nand and Baljit Singh, were read over in the presence of Ghaushal & Stephen. Shambir Singh Mam Chand, Maha Nand and Baljit Singh each produced Rs. 20 in the form of two currency notes of Rs. 10 each. The numbers of the currency notes were noted and the currency notes were treated with phenol-phthalein powder and were handed over to Shambir Singh, Mam Chand, Maha Nand and Baljit Singh with instructions to give them to Joshi accused when demanded as bribe. Thereafter all the members of the party washed their hands. At about 1-30 p.m. the party left for the Railway Central Hospital. The members of the party got down from the police van at a short distance from the hospital. Shambir Singh, Mam Chand, Maha Nand and Baljit Singh, proceeded on foot towards the hospital followed at a short distance by Ghaushal and Stephen (P. Ws.), and thereafter by D. S. P. Somji Mal and other members of the party. On arrival, at the hospital. Shambir Singh, Mam Chand, Maha Nand and Baljit Singh found that there was a queue of persons in front of the room where the X-ray was being taken. After Joshi accused had finished with the X-ray of persons who were ahead of Shambir Singh Mam Chand, Maha Nand and Baljit Singh these four persons went to Joshi and told him that they had brought the money and they asked Joshi to hand over to them their X-ray results. On the enquiry of Joshi they told him that each of them had brought RS. 20. Joshi then remarked that he would not charge less than Rs 25. In the meantime Tnder Jit accused came there and hearing the talk told Joshi to charge Shambir Singh and his three companions Rs. 20 each as they had come from outside places. Joshi then went into an adjoining room. When Shambir Singh followed him to that room, Joshi asked Shambir Singh to give him the money Shambir Singh thereupon handed over the currency notes of Rs. 20 to Joshi He took them in his hand and put them in the left pant's pocket. Two X-ray films were then handed over by Joshi to Shambir Singh. Thereafter Mam Chand was called by Joshi to that room and fron him also he received Rs. 20 and handed over two X-ray films to him --Maha Nand (P W.) was then called by Joshi in that room and Rs. 20 were taken from him and he was given two films of X-ray. Lastly Baljit Singh (P W.) was called by Joshi. Joshi then told Baljit Singh that there was some defect in his X-ray and his blood would have to be tested. Baljit Singh was also told to come on the following day along with Rs. 20. Just then Inder Jit accused came inside the room and whispered something in the ears of Joshi accused. Joshi felt perplexed and asked Baljit Singh to go out immediately. Shambir Singh (P. W.) then went out of the room and told D. S P. Somji Mal that Rs. 20 had been paid by each of Shambir Singh, Mam Chand and Maha Nand to Joshi. D. S. P. Somji Mal and other members of the trap party then went inside the room. The Deputy Superintendent of Police found Joshi accused coming at that time from the dark room. The Deputy Superintendent of Police disclosed his identity to Joshi and told him that he had accepted money from three decoy witnesses Shambir Singh, Mam Chand and Maha Nand. The Deputy Superintendent of Police got solution of sodium carbonate prepared and Joshi accused was asked to dip his hands in the same. As soon as Joshi dipped his hands in the solution it turned violet. The solution was preserved in a bottle. Joshi was then asked to produce the money and it was stated that the money was not with him. The person of Joshi accused was then searched but no money was found with him. The lining of the left pant's pocket of Joshi accused was dipped in another solution of sodium carbonate and it turned violet and was sealed in a bottle. Inderjit accused who was coming and going out of the X-ray room, was also asked to dip his hand in another solution of sodium carbonate. This solution too turned violet. Inder Jit accused was then asked to produce the currency notes but he said that they were not with him. The person of Inder Jit accused was also searched but the currency notes were not found with him. The Deputy Superintendent of Police then sent an intimation to the Divisional Medical Officer, whereupon Dr. Khan came followed shortly by Shri Kapoor Singh. Vigilance Officer. The X-ray room and the connected chamber including the dark room were searched but the currency notes could not be found. The Deputy Superintendent of Police requested Shri Kapoor Singh for some expert so that he might search machines and X-ray film cassettes which he could not open himself. The Deputy Superintendent of Police was told by Inder Jit accused that those cassettes contained exposed films of patients and were likely to be spoiled if they were opened The persons of the four decoy witnesses were also searched but no currency notes were found with three of them. Baliit Singh had two currency notes on his person. The two accused were put under arrest and the X-ray room along with connected chamber was sealed. The two accused were then left by the Deputy Superintendent of Police in the custody of Inspector Badri Sharma and B. K. Verma for further interrogation. At about 10 or 10-30 p.m. the Deputy Superintendent of Police was informed that Inder Jit accused was prepared to point out the place where the currency notes had been concealed. The Deputy Superintendent of Police then came to his office and interrogated Inder Jit and was satisfied about the correctness of the information received by him. The Deputy Superintendent of Police then requested on telephone Vigilance Officer Kapoor Singh to arrange for two independent witnesses. The party then proceeded to the Central Hospital where the presence of Shri H. L. Bhalla and Shri Rajinder Singh was arranged by the Vigilance Officer Kapoor Singh. Inder Jit accused was interrogated in their presence and he stated that he had concealed the currency notes in one of the cassette in the dark room. Memo Exhibit P. 17 with regard to the statement of Inder Jit accused was prepared. The room was then got opened. Inder Jit accused led the party to the dark room and picked up a cassette from which six corrency notes in question of Rs. 10 each were produced. The currency notes were taken into possession and their numbers were found to tally with those which had been earlier noted. Recovery memo was prepared After sanction. Exhibits P. 24 and P. 25, had been accorded by Dr. D. R. Bhasin for the prosecution of Joshi and Inder Jit accused respectively, the two accused were sent up for trial.

(3.) At the trial Shambir Singh (PW3), Mam Chand (PW 4), Maha Nand (PW 5) and Baljit Singh (PW 17) deposed about the demand of money by Joshi accused and about the payment of Rs. 20 by each of Shambir Singh, Mam Chand and Maha Nand to Joshi accused. Shri S. Ghaushal (PW 1) and Shri T. K. Stephen (PW 2) were two of the panch witnesses who were ioined by DSP Somji Mal (PW 21) as members of the raid party. These non-official witnesses could not, however hear the talk between Joshi accused and the decoy witnesses nor could they see the passing of the money.