RAJUPDESH KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) UNDER challenge, in this appeal, is the judgment/order dated 9th June, 2008 passed by Shri J.S. Bhatia, Special Judge, Mansa whereby both the Appellants have been convicted under Sections 7 and 13(2) of the Prevention of Corruption Act (in short the Act) and sentenced to undergo rigorous imprisonment for one year each and to pay a fine of Rs. 1, 000 each or in default of payment of fine, to further undergo rigorous imprisonment for one month each under Section 7 of the Act. They have been further sentenced to undergo rigorous imprisonment for one year each and to pay a fine of Rs. 1, 000 under Section 13 of the Act. In default of payment of fine, each of the accused has been ordered to further undergo rigorous imprisonment for one month.

(2.) THE prosecution story lie in a narrow compass as under:

(3.) IT is further alleged that on 15th September, 1998, he went to the said office to enquire about arrears of his salary and met accused Smt. Rajupdesh, B.P.E.O., Mansa in her office and asked her regarding payment of his arrears but she told him that arrears were not paid in this way and for it a lot of labour was required for preparing the bills and for this work, he was to pay Rs. 2, 500 as fee to her and her Senior Clerk. On his request, she agreed to prepare the bill of arrears of salary after receiving Rs. 1, 500 as illegal gratification, in a week. He made false pretext being not in possession of the amount. The complainant further alleged that accused Rajupdesh, B.P.E.O. called Rattan Lal, Senior Clerk accused and in his presence, told him to come on 16th September, 1998 in her office and to pay her Rs. 1, 500 and that his work would be done. She also told him that Rattan Lal, Senior Clerk was also having share in the said amount of Rs. 1, 500 and that she herself would give his share to him. He did not want to give illegal gratification. He, after making false promise to make payment of bribe amount, came back to the house of Sukhdarshan Singh were he was temporarily putting up. He told the entire matter to Sukhdarshan Singh who advised him to get the accused apprehended and on this he along with Sukhdarshan Singh came to the office of Vigilance Bureau, Sangrur. Sukhdeep Singh, complainant produced fifteen currency notes of denomination of 100 each before Mandeep Singh, Thereafter, DSP Mandeep Singh recorded statement, Exhibit PA, of Sukhdeep Singh complainant which was signed by him in token of its correctness. DSP Mandeep Singh applied phenolphthalein powder to the said currency notes and after satisfying himself that the complainant was not in possession of any other amount handed over the same to him and directed him to hand over the said currency notes to the accused on demand and not to shake hand with them. Memo, Exhibit PC, regarding entrusting of said currency notes to the complainant was prepared by DSP Mandeep Singh which was attested by Sukhdeep Singh, complainant and Sukhdarshan Singh, shadow witness. DSP Mandeep Singh also held demonstration in the office. DSP Mandeep Singh made his endorsement Exhibit PA/1 below the statement of the complainant and sent it to Police Station Vigilance Bureau, Patiala for the registration of a case on the basis of which formal FIR Exhibit PA/2 was recorded. Megh Dass Guru, ADO was associated as official witness. He was introduced with the complainant and shadow witness. Lady Constable Surjit Kaur and SPO Jaswinder Kaur were also associated with the raiding party. Thereafter raiding party proceeded for raid and after reaching at bus stand, Mansa, Sukhdeep Singh, complainant and Sukhdarshan Singh, shadow witness were sent to the office of the accused whereas DSP Mandeep Singh along with other members of the raiding party remained standing near the office of the accused in scattered and concealed manner. After some time, Sukhdarshan Singh gave a signal to the raiding party on which DSP Mandeep Singh along with other members of the raiding party reached in the office of the accused. He disclosed his identity to both the accused and apprised them about the raid. DSP Mandeep Singh arranged a glass of water and put powder of sodium carbonate in it but the colour of the water did not change. Thereafter both the hands of accused Rajupdcsh Kaur were got dipped in the said solution one by one and its colour changed to light pink which was transferred to clean nip and sealed by DSP Mandeep Singh with his seal bearing impression AS and thereafter taken into possession. - -vide memo Exhibit PD, attested by Sukhdeep Singh, complainant. Sukhdarshan Singh, shadow witness, Megh Dass Guru, ADO and Lady Constable Surjit Kaur. DSP Mandeep Singh arranged another glass of water and put powder of sodium carbonate in it but the colour of the solution did not change. Thereafter both the hands of accused Rattan Lai were got dipped in the said solution one by one and it turned light pink. The said solution was put in another clean nip and sealed by DSP Mandeep Singh with his seal bearing impressed AS and taken into possession, - -vide memo, Exhibit PE attested by aforesaid witnesses. Thereafter, DSP Mandeep Singh conducted search of purse which was found in the hands of accused Rajupdesh Kaur, through Lady Constable Surjit Kaur and SPO Jaswinder Singh and the above -said currency notes of Rs. 1, 500 were recovered from it. The numbers of the recovered currency notes were compared with the numbers already mentioned in Exhibit PC and the same tallied. Thereafter, the recovered currency notes were taken into possession by DSP Mandeep Singh, - -vide memo Exhibit PF, attested by aforesaid witnesses. DSP Mandeep Singh also conducted further personal search of accused Rajupdesh Kaur through Lady Constable Surjit Kaur and SPO Jaswinder Kaur and prepared memo, Exhibit PG, in this regard which was signed by the said accused and attested by aforesaid witnesses. DSP Mandeep Singh also conducted personal search of accused Rattan Lal and prepared memo, Exhibit PH, in this regard which was signed by the said accused and attested by aforesaid P Ws. Accused were arrested. DSP Mandeep Singh also prepared rough site plan, Exhibit PO, with correct marginal notes. He also recorded the statements of the witnesses. After obtaining sanction for prosecution of the accused and completion of investigation, challan against the accused was presented in the Court.