MANI RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) MANI Ram appellant was changed with the offence punishable under Section 161 of the Indian Penal Code and under Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act, 1947, on the accusation that on October 10, 1986, by abusing his position as a public servant, he obtained a sum of Rs. 400/- as illegal gratification from one Charan Singh.

(2.) THE appellant pleaded not guilty to the charge and claimed trial. After the conclusion of trial, the appellant was convicted under Sections 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act and 161 of the Indian Penal Code by Special Judge, Karnal vide his judgment dated November 27, 1987 and sentenced to undergo one year rigorous imprisonment and to pay a fine of Rs. 500/- and in default of payment of fine to undergo three months rigorous imprisonment and six months rigorous imprisonment respectively. Both the substantive sentences were ordered to run concurrently.

(3.) THE occurrence, in this case, relates to the year 1986 and it is alleged that the appellant had accepted Rs. 400/- as illegal gratification from Charan Singh Complainant when he was working as a Junior Engineer in the Haryana State Electricity Board. In such like cases, the evidence of the prosecution witnesses should be impeccable and inspire confidence Devi Singh, P.W. 7 who is the shadow witness did not toe the line of prosecution. He, in unequivocal terms stated that he was sitting aside and did not know if anything was applied to the currency notes which Charan Singh is alleged to have passed over to the police. He further stated that documents Exhibits PO, PQ and PR were signed by him but his signatures were obtained in the police station after the arrest of Mani Ram appellant whereas P.W. 10 Ram Parkash Inspector (since retired) stated that memos Exhibit PO vide which he took into possession for currency notes given by Charan Singh complainant, PQ regarding handing over those currency notes back to Charan Singh and PR regarding the personal search of Charan Singh complainant were prepared before the raid was conducted which were attested by Devi Singh and Charan Singh. Devi Singh further stated that when he and Charan Singh went to the office of Mani Ram appellant, he stood outside at a distance of 5 or 7 steps and did not see anything with his own eyes. He was declared hostile and cross-examined by the Public Prosecutor. he was confronted with the relevant portions of his statement Exhibit PS. He made the following statement in cross-examination :