VIDYA PARKASH Vs. STATE OF H.P.

JUDGEMENT

(1.) THE Appellant challenges his conviction under Section 13(2) of the Prevention of Corruption Act, sentencing him to undergo rigorous imprisonment for one year and fine of Rs. 1,000/ - and in default to undergo rigorous imprisonment for three months.

(2.) THE case of the prosecution is that PW3 Ganga Ram resident of village Kot Madhyar, Sub Tehsil Junga, posted as a Videographer in the police department in District Shimla. The Appellant is a Patwari working in Halqua Koti. The allegations against him are that in the month of December, 2000, PW3 Ganga Ram handed over chits (Ext.P -11 and Ext.P -12) to the accused for supply of some revenue papers, for the purposes of execution of gift deed as also for installation of electricity etc. in his premises. A test report Ext.P -13 was also handed over to the accused along with these papers. He visited the accused about 8 to 10 times during the period of 4 to 5 months requesting him for supply the papers but the Appellant refused to perform his duties. Thereafter, he requested PW4 -Ramesh Thakur to obtain these revenue papers on his behalf. It is alleged that even he visited the accused 5 to 6 times but the papers were not supplied to him. In the month of May, 2001, again PW4 Ramesh Thkaur visited the office of the accused when he was informed that a sum of Rs. 300/ - & Rs. 400/ - were required to be paid to the accused. On 15.5.2001 PW4 Ramesh Thkaur informed PW3 Ganga Ram about this fact. On that day, the accused met the complainant Ganga Ram in Koti Bazar and asked him about the papers but the Appellant -accused demanded a sum of Rs. 400/ - telling him that he will not be available in the office on 16.5.2001 but he should come on 17.5.2001 along with the amount demanded.

(3.) ON 17.5.2001 the raiding party proceeded to Patwarkhana Koti but the accused was not available in the office. On 18.5.2001 the raiding party proceeded to Patwarkhana on the Shimla Chail road. PW3 Ganga Ram went inside the office of accused where Sh. Shakti Chand and PW5 Shobha Ram were sitting. He asked whether the papers were ready and was informed that they were ready and asked the complainant whether his "work" had been done or not. At this, PW3 Ganga Ram handed over the treated currency notes (Ext.P1 to Ext.P4) which the accused put the same in his shirt pocket. On the pre -arranged signal of PW4 Ramesh Thakur, the police party rushed into the room, caught hold of the accused by his arMs. PW8 Kahan Singh, Deputy Superintendent of Police disclosed his identity. A bucket of water, a plate of steel, a jug and glass were brought. Both hands of the accused were also got washed in a plate but the water did not change the colour. Then, solution of sodium carbonate was prepared in a glass and after the solution was added to the hand wash of the accused, the water turned pink. This solution was poured into a nip (Ext.P6) which was sealed with seal 'H ' and taken into possession vide recovery memo Ext.PW3/C. The accused was then asked to hand over the currency notes which he had received from PW3 Ganga Ram. The accused took out them out of the pocket of his shirt and were taken into possession vide memo Ext.PW3/B. His hands were again washed in water and on addition of sodium carbonate the colour turned pink, which was again preserved in nip Ext.P7 and sealed with seal 'C '. The accused was asked to take off his shirt and his pocket was washed with the water and again the water turned pink. This water was preserved in another nip Ext.P -8 which was sealed with seal 'H '. His shirt was also sealed, the papers Ext.P16 to Ext.P21 were taken into possession vide recovery memo Ext.PW4/B. The Appellant was accordingly charged. He denied his involvement in the statement under Section 313 Code of Criminal Procedure and has examined one witness in defence. Learned appellate Court, on the evidence on record coupled with the statements made by the accused under Section 313 Code of Criminal Procedure, convicted him for the offences as alleged.