STATE OF PUNJAB Vs. BALRAJ SINGH

JUDGEMENT

(1.) The State of Punjab seeks leave to prefer an appeal against acquittal of respondent of charge under Sec. 7 read with Sec. 13(2) of the Prevention of Corruption Act, 1988.

(2.) The complainant Dilbagh Singh, agriculturist got mutation of land recorded but Khasra girdwari was not entered as required. For this purpose, he met the respondent, who was posted as halqa patwari, who demanded illegal gratification of Rs.2000/ -. The deal was eventually struck for Rs.1500/ -. The complainant approached the D.S.P., Vigilance Bureau, Amritsar and handed over 15 currency notes of denomination of Rs.100/ each, which were treated with phenolphthalein powder and returned to complainant after noting down the currency numbers. Raiding party was formed comprising of Rattanjit Singh, shadow witness, Parshotam Singh, E.T.O. and Inspector Karnail Singh official witnesses. The complainant went to the office of the accused and on signal of the shadow witness, vigilance officials raiding party apprehended the accused. Hands of the accused were dipped in the sodium carbonate solution on which solution became pinkish. Amount was recovered from the back pocket of the pant of the accused. Phial was sent to Forensic Science Laboratory. After grant of sanction for prosecution and completion of investigation the accused was sent up for trial. The charge was framed.

(3.) The prosecution failed to examine the complainant Dilbagh Singh as a witness to prove the demand and payment of bribe. PW4 Rattanjit Singh, shadow witness did not support the prosecution case and was declared hostile.