VIKAS CHAUHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been filed by the appellant against State of Haryana, challenging the judgment of conviction and order of sentence dtd. 9/8/2011 passed by learned Addl. Sessions Judge, Kurukshetra, whereby he was held guilty and convicted and sentenced to undergo rigorous imprisonment for a period of one year and to pay fine of Rs.2,000.00 and in default of payment of fine, to undergo rigorous imprisonment for a period of two months under Sec. 7 of the Prevention of Corruption Act and further, to undergo rigorous imprisonment for a period of two years and to pay fine of Rs.5,000.00 and in default of payment of fine, to undergo rigorous imprisonment for a period of three months under Sec. 13 of the Prevention of Corruption Act. Both the sentences were ordered to run concurrently.

(2.) The brief facts of the prosecution case as noted down in the judgment passed by learned Addl. Sessions Judge, Kurukshetra, are as under:-

(3.) In support of its case, prosecution examined PW-1 Dr.Sanju Chauhan, formal witness, who mainly deposed that he obtained the car bearing registration No.CH-01U-7300 on sapurdari. PW-2 Krishan Kumar mainly deposed that police officials asked him to prepare a C.D. from the recording of mobile Nokia No.2626 and he prepared the same and handed over the CD to the police. The said C.D. is Ex.P2 and it was prepared intact of recording of mobile No.94166-55126. PW-3 SI Tejender Kumar deposed that he was posted as Sub Inspector in police station SVB Ambala. He is a shadow witness. He deposed that he was called by Inspector Karta Ram, Incharge SVB Unit, Kurukshetra as a raid was to be conducted. He reached at SVB Unit, Kurukshetra. When he reached there, the application had already been scribed by Shamsher Singh. Thereafter, Inspector Karta Ram went to Deputy Commissioner/District Magistrate, Kurukshetra, to get appointed a gazetted officer to join the raid party. Sh.R.K.Sharma was appointed to join raiding party. This witness also stated in chief- examination that complainant Shamsher Singh went to the accused and he asked from the complainant, as to whether, he had brought the money. On this, the complainant passed the money to the accused, who put the same on the dash-board of the car. The whole occurrence was witnessed by him. He passed on the signal to the raiding party and raiding party reached at the spot and also deposed regarding further proceedings. PW-4 Mukesh Kumar, Draftsman, mainly proved the scaled site plan Ex.P6. PW-5 Ved Parkash, Retd. Inspector, deposed that he prepared the report under Sec. 173 Cr.P.C. PW-6 Ram Kishan, Superintendent, brought the summoned record and deposed that Dr.Vikas Chauhan, was appointed as Medical Officer and his appointment order is Ex.P7. He was transferred from PHC Kirmach to PHC Barna vide order dtd. 15/9/2003, copy of which is Ex.P8. He also proved the joining report of the accused. PW-7 Dr.C.R.Khatri mainly deposed regarding handing over of copy of duty sheet of the officials in Pulse Polio campaign on 30/3/2008 and 03/4/2008 regarding the attendance of Shamsher Singh. He also proved on record other documents regarding attendance of Shamsher Singh. PW-8 Mohan Lal, Administrative Officer, mainly deposed regarding appointment order as well as amended appointment letter of accused Ex.P7/A PW-9 Dale Ram, Retd. Under Secretary, deposed regarding the sanction order Ex.P22 and forwarding letter of the same Ex.P23. PW-10 Sh.Pradeep Kumar, Addl. Sessions Judge, Nuh, mainly deposed that police moved application Ex.P24 for recording statement of Shamsher Singh. Shamsher Singh was produced in his court and he felt that complainant was under pressure of police, so Shamsher Singh was directed to appear on next day i.e. 7/6/2008 and he passed the order in this regard, which is Ex.P25. On 7/6/2008, Shamsher Singh appeared in his Court and on that day, his statement Ex.P26 was recorded. He appended certificate Ex.P26/A under his signatures and passed the order Ex.P26/B. PW-11 Head Constable Balkar Singh, formal witness, deposed regarding delivery of Special Report. PW-12 R.K.Sharma, DRO, is the recovery witness and he deposed as per prosecution version. PW-13 Shamsher Singh, complainant deposed that on 5/4/2008, he again received a telephonic message from Dr.Vikas Chauhan, who directed him to arrange said money till 11.00 a.m., otherwise, his explanation would be called for. Again, he received a call on landline No.01744-274639 at 10.21 a.m. on the same day and asked for the arrangement of the money. He told accused that he has asked his mausa for arranging the money and he also requested that if and when the arrangement of money will be made, he shall inform him and also requested the accused to minimize the amount upto Rs.3000.00 and accused agreed for the same. He never wanted to pay money to Dr.Vikas Chauhan. Then he made complaint to the Vigilance Office and they asked him to come to the office of SVB Unit, Kurukshetra, where, Inspector Karta Ram met him. He told Inspector Karta Ram that accused was demanding money from him but he does not want to pay money. He also stated that he had recorded the version on his cell phone in this regard. He wrote down the complaint Ex.P28 and handed over the same to Inspector Karta Ram, which bears his signatures. He gave Rs.3000.00 to Inspector Karta Ram out of which, one currency note was in the denomination of Rs.1000.00 and remaining were in the denomination of Rs.500.00 each. He further deposed as per prosecution version. PW-14 Inspector Karta Ram, Investigating Officer, mainly deposed regarding investigation conducted by him in the present case. PW-15 Head Constable Ashok Kumar mainly deposed regarding handing over the case property to ASI Rajinder Kumar for depositing the same with FSL. PW-16 ASI Rajinder Kumar, deposed regarding recording of formal FIR Ex.P28/B.