KARNAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant Karnail Singh, revenue patwari stands convicted for an offence under Sec. 713(1)(d) read with Sec. 13(2) of Prevention of Corruption Act, 1988 (hereinafter referred to as "P.C. Act") and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 5000/ -. In case of default in payment of fine, the appellant was further to undergo RI for two months.

(2.) As per the prosecution, revenue patwari Karnail Singh was allegedly caught accepting bribe on a trap laid by Vigilance Bureau and was ultimately put up to trial for the offence as aforementioned. Bachan Singh complainant is the one who had arranged this trap. As per Bachan Singh, the appellant demanded a sum of Rs. 800 to 1000/ -as a bribe when he had gone to ask for a copy of jamabandi. Bargain followed and a sum of Rs. 500/ -was settled as bribe to be paid by the complainant. The appellant asked the complainant to come with the bribe money on 24.10.2000. The complainant accompanied by one Inderjit Singh (PW6), instead approached Vigilance Bureau, Jalandhar and brought this fact to the notice of DSP working there. The DSP recorded the statement of the complainant, who also demonstrated the working of Phenol Phthalene powder to the complainant and shadow witness Inderjit Singh. Five currency notes of the denomination of Rs. 100/ -were treated with the powder and returned to the complainant. Hardyal Singh, Junior Assistant and Gurdip Singh were joined as official witnesses for the purposes of raid. The complaint was converted into FIR on the basis of statement of the complainant, before proceeding to conduct the raid. The raiding party left for village Bazidpur where it stayed behind whereas the complainant and the shadow witness went to the office of the appellant. The complainant testified that on demand he handed over a sum of Rs. 500/ -to the appellant, which he kept in drawer of his table. On a signal given by the shadow witness, the raiding party reached the spot. DSP introduced himself to the appellant and apprehended him with the help of other police officials. Hands of the appellant were got dipped in a glass of water by putting sodium carbonate in it and the colour of the solution turned pink.

(3.) Necessary formalities of putting solution in a nip and sealing thereof was carried out. The appellant had at that stage even stated that he had not accepted any bribe money. On search of a drawer, a sum of Rs. 500/ -was recovered. Numbers of currency notes were checked and these tallied with the numbers mentioned in the memo prepared in the vigilance office. Memo in regard to personal search of the appellant was also prepared and copies of jamabandi and 'aksh shajra' were taken in possession. Investigation followed leading to presentation of challan. Charge under Sec. 13(2) read with Sec. 7 of the P.C. Act was framed against the appellant and the trial followed on plea of not guilty.