JAIPAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 26.&.2004/order of sentence dated 28.8.2004 passed by the Court of learned Judge, Special Court, Panipat whereby he convicted and sentenced the accused appellant Jaipal to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 2,000 under Section 7 of the Prevention of Corruption Act, 1988 (for brevity, 'the Act') and in default of payment of fine to further undergo rigorous imprisonment for three months.

(2.) THE facts in brief are that on 15.9.2001 at about 7.30/8.00 a.m., Ram Kunwar reached at Pasina Khurd with his tractor trolley bearing registration No.HR-11-8843 loaded with wooden pieces. On the way, he was made to stop by Highway Patrol Gypsy No.HR-05J-0115. ASI Jaipal accused came to him and stated that he would challan his tractor trolley and impound it. He demanded an amount of Rs.5OO as bribe from him. PW Ram Kunwar stated that he would talk to the owner of the tractor trolley and then he would make the payment. THEreafter, ASI Jaipal took the tractor trolley to the Traffic Post, Gaushala. Ram Kunwar made a telephonic call to the Superintendent of Police, Highway Patrol, Karnal on his mobile and narrated the facts to him. THE former asked him to meet at Blue Jay Restaurant, Samalkha and also told him that he was coming along with Deputy Superintendent of Police there. Around 11.00 a.m., Mr. V. Kamraj SP, Mr. Virender Kumar DSP, Head Constable Prem Chand and some Constables reached in civil dress at the aforesaid restaurant. THE Superintendent of Police gave certain directions to Ram Kunwar, when he was alone. After completing usual formalities, the raiding party reached near the Traffic Aid Centre situated in the aforesaid Gaushala. Constable Swaranjit Singh was deputed on the road outside the said Gaushala, whereas Head Constable Prem Chand was directed to stand near the main gate of such Gaushala. THE complainant was asked to handover the tainted currency notes to the accused on demand. THE DSP also apprised about the appointed signal to HC Prem Chand and Constable Swaranjit Singh who were in civil dress. After a short while, the Constable Swaranjit Singh gave a signal to the DSP upon which DSP Virender Kumar went outside the aforesaid Centre, where accused was present. On personal search of the accused, the initialled currency notes worth Rs.500 was recovered from the right pocket of his uniform shirt. THE same were seized vide memo in the presence of aforesaid Head Constable as well as constable. DSP Virender Kumar made a telephonic call to SHO Smalkha to come at the spot. Further investigation was handed over to the said SHO. Mr. Kuldeep Singh Yadav DSP Smalkha on receipt of a V.T. message went to the aforesaid Centre in the Gaushala. He found that Dalbir Singh SHO Smalkha, Varinder Kumar DSP (Traffic), the accused Jaipal ASI and other police officials were present there. Dalbir Singh SHO handed over one sealed envelope said to contain currency notes worth Rs.500. After opening the same, DSP Kuldeep Singh Yadav resealed the envelope with his seal bearing impressions 'JK'. He recorded the statements of Virender Kumar, DSP, SI Dalbir Singh and Constable Swaranjit Singh, prepared a rough site plan showing the place of occurrence, arrested the accused and recorded statements of the other witnesses. After completion of investigation, the charge-sheet was made in the Court for trial of the accused.

(3.) AFTER hearing the learned public prosecutor for the State, the learned defence counsel and examining the evidence on record, the learned trial Court convicted and sentenced the accused as noticed at the outset. Feeling aggrieved with his conviction/sentence, he has preferred this appeal.