SAT PAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 16.2.1987 passed by Special Judge, Rohtak by which Sat Pal, appellant has been convicted under Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act, 1947 (hereinafter referred to as the Act) and under Section 161 IPC. He was sentenced to undergo RI for three years and to pay a fine of Rs. 2,000/- under Section 5(1)(d) read with Section 5(2) of the Act. He was further sentenced to undergo RI for three years under Section 161 IPC. Both the substantive sentences of imprisonment were ordered to run concurrently.

(2.) BRIEFLY , the prosecution story is that PW-5, Karam Singh had applied to the Kshetriya Gramin Bank, Kablana, for a loan of Rs. 4,000/- for purchasing a pair of bullocks. A copy of this application form is Ex. P-5. The bank gave him letter, Ex. PT, in the name of the Veterinary Surgeon, Kablana, to examine the bullocks and issue a health certificate in respect of them. At that time, accused Sat Pal was working as a Veterinary Surgeon in Veterinary Hospital, Kablana. Karan Singh visited the accused 2-3 times before this occurrence for issuing health certificate. On the first visit, the accused asked him to produce the bullocks. He did so but the accused demanded Rs. 100/- as illegal gratification. Karan Singh told the accused that he did not have the money and, therefore, he brought the bullocks back without examination and without a certificate. Karan Singh made a second visit to the accused on the same day with the same request but the accused told him that unless he was paid the demanded money, he would not issue the requisite certificate. Karan Singh confided this in Shankar, but the latter expressed his helplessness in the matter. Thereafter, Karan Singh made one or two more unsuccessful visits to the accused and ultimately on 3.10.1985, he came to Rohtak and went to the office of the State Vigilance Bureau. There he found Mukhtiar Singh, Deputy Superintendent of Police, State Vigilance Bureau, Gurgaon, present there, before whom he got recorded his statement, Ex. PH. After making his endorsement, Ex. PH/1 on the said statement, DSP Mukhtiar Singh sent the same to the Police Station, State Vigilance Bureau, Gurgaon, through H.C. Fateh Singh; on the basis of which formal FIR Ex. PH/2 was registered at 5.00 p.m., while a copy of FIR reached the Ilaqa Magistrate, Jhajjar, at 6.45 a.m. on the next day. Thereafter, DSP Mukhtiar Singh along with complainant Karan Singh (PW-5), Inspector Ram Sarup (PW-6), one Head Constable, and two constables went to Jhajjar, where they associated Mehtab Singh (PW 8), Block Development and Panchayat Officer, in the raiding party. A hundred-rupee note, Ex. P1, was taken from Karan Singh, which was treated with phenolphthalein powder and given back to Karan Singh with the direction to pass it on to the accused on demand. Inspector Ram Sarup was directed to act as a shadow witness. Memo Ex. PK with regard to these proceedings was also prepared.

(3.) THE currency note and the three bottles of the wash were sent to the Forensic Science Laboratory, Haryana, Madhuban, and the report, Ex. PY, from that Laboratory confirmed that phenolphthalein was detected on the note, while sodium carbonate and phenolphthalein were detected in the three washes. Thereafter sanction, Ex. PZ of the appointing authority was obtained under Section 6(1)(b) of the Prevention of Corruption Act, 1947, for the prosecution of the accused.