OM PARKASH Vs. STATE OF H.P.

JUDGEMENT

(1.) Appellant Om Parkash is aggrieved by the judgment dated 1.11.2004, of learned Special Judge, Una, whereby he has been convicted of offences, under Section 13(2) and Section 7 of the Prevention of Corruption Act, 1988, hereinafter referred to as the Act, and sentenced to undergo rigorous imprisonment for two years and to pay a fine of 5,000/-, for offence under Section 13 (2) and rigorous imprisonment for one year and to pay a fine of 1,000/-, for offence under Section 7 of the Act, in default of payment of fine (in both cases) to undergo imprisonment for a further period of two months.

(2.) Appellant was posted as Junior Engineer, Electricity Board, at a place known as Panjawar, within the Sub Division, Gagret, District Una, in the year 2002. PW-10 Kuldip Singh, an Ex-serviceman, had installed a wheat flour mill at Panjawar and applied for electricity connection to run that mill. An application was submitted to the Assistant Engineer, HPSEB, Gagret. Connection was to be installed by the Appellant. Application for grant of connection was moved in November, 2001. Money, required to be deposited by the Appellant, as per assessment of the SDO on account of connection charges, was paid on 27.5.2002. All other formalities had also been completed. However, connection was not installed. PW-10 Kuldip Singh visited the office of the Appellant 3-4 times and requested him to install the connection, but every time he was told by the Appellant that file had not been received from the SDO. PW-10 came to know that electricity connections had been installed in favour of 2-3 other persons. When he inquired from those persons how did they get the connections, he was told that they had paid some money to the Appellant. So, Kuldip Singh, PW-10 went to the Appellant again on 26.6.2002 and requested for installation of his connection. Appellant, allegedly, demanded Rs. 1000/- as bribe. PW-10 Kuldip Singh, accompanied by his friend PW-13 Kulwinder Singh, then approached the Dy. S.P. (Vigilance), Una and lodged FIR Ex.PO. Deputy Commissioner was approached to make available the services of some Executive Magistrate. Deputy Commissioner deputed PW-11 Shri S.L. Negi, DRO.

(3.) In the presence of PW-11 S.L. Negi, PW-10 Kuldip Singh was required by the Vigilance people to produce currency notes of Rs. 1000/-. He produced 10 notes of the denomination of Rs. 100/- each. Currency notes were treated with phenolphthalein powder and placed in the front pocket of the T-shirt of PW-10 Kuldip Singh, which he was wearing. Then it was demonstrated how phenolphthalein powder, when added to the sodium carbonate solution, turned pink. PW-13 Kulvinder Singh was instructed to act as shadow witness. PW-10 Kuldip Singh was directed to go to the Appellant and to hand over the money to him, only if the Appellant demanded it. Dy. S.P.(Vigilance), Inspector Rani Devi, S.L. Negi, D.R.O., accompanied PW-10 and PW-13 to Panjawar, where the Appellant had his office. Vigilance officials and S.L. Negi alighted from the vehicle at a distance of about 200 meters from the office of the Appellant. Kuldip Singh and Kulvinder Singh also alighted from the vehicle and went on foot to the office of the Appellant.