SHADI LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a criminal appeal filed by Shadi Lal and has been directed against the judgment and order dated 4.6.1991 passed by the Court of Special Judge, Hisar, who convicted the appellant Shadi Lal under Section 7 read with Section 13 of the Prevention of Corruption Act and sentenced him to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 1,000/-; in default of payment of fine the appellant was directed to further undergo rigorous imprisonment for six months.

(2.) THE brief facts of the case are that a complaint originated on the report made to Sub-Divisional Magistrate, Fatehabad by Shri Prem Dass complainant that appellant Shadi Lal had made a demand of Rs. 1,000/- from him for allowing his son for copying in the matriculation examination, who was appearing at Senior Model School, Fatehabad centre under Roll No. 58440. The Sub-Divisional Magistrate obtained an affidavit of the complainant and directed him to appear before Deputy Superintendent of Police namely Shri Mahinder Singh Ahlawat. The said D.S.P. recorded the statement of the complainant and after completing the initial formalities, obtained five currency notes from the complainant, treated them with phenolphthalein powder and directed the complainant to approach the appellant and to hand over the money to him on demand. The D.S.P. also deputed Shri Laxmi Narain, B.D.O., Bhattu Kalan and Shri Varinder Jakhar, S.D.O. to act as shadow witnesses. He also directed these shadow witnesses to give a signal on receipt of indication from the complainant that the tainted money had been accepted by the accused. The complainant handed over the money to the accused and gave a signal to Shri Laxmi Narain, who further gave a signal to the waiting police party. The police party arrived at the scene and recovered five currency notes from the left pocket of the Kurta of the accused. The matter was investigated. The left and right hands of the accused were washed in a solution of sodium carbonate etc. The wash of the left pocket of the Kurta was also performed and it was preserved for test to be conducted by the Forensic Science Laboratory. After completion of the investigation and after obtaining the relevant sanction from the competent authority, the appellant was challaned under Section 7/13 of the Prevention of Corruption Act.

(3.) IN order to prove the charge, the prosecution examined Prem Dass (complainant) PW2, Smt. Prem Lata PW2, S.L. Kapur PW3, Khem Chand PW4, Laxmi Narain PW5, Varinder Jakhar, SDO PW6, R.S. Hans PW7, Ram Narain, ASI PW8, Tilak Raj, Draftsman PW9, O.P. Indora PW10, Pat Ram, HC PW11, Const. Des Raj PW12 and Investigating Officer M.S. Ahlawat PW13. The prosecution finally tendered into evidence the sanction order Ex.PN for prosecution of the appellant besides the report of Forensic Science Laboratory Ex.PO and closed the case.