DEVINDER SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) THESE two appeals by the Appellants are directed against the judgment of the learned Special Judge, Solan in Case No. 1 -S/7 of 2006, whereby the Appellants have been convicted of having committed offences punishable under Section 7 read with Section 13(2) of the Prevention of Corruption Act.

(2.) THE prosecution story, in brief, is that the complainant Sandeep Sharma PW -1 was given the contract of transporting milk from the Military Farm, Dagshai to various places in Himachal Pradesh in the year 2004 -2005. As per the terms and conditions of the contract, the complainant had furnished security of Rs. 20,000/ - to the Military Farm by pledging and depositing his FDR for the aforesaid amount. According to the complainant, on completion of the contract on 31st March, 2005, the FDR was to be returned to him and he was also to be paid the transportation charges for the month of March 2005. According to the complainant, Appellant Khem Raj demanded a bribe of Rs. 10,000/ -from him for releasing the FDR and paying him the amount due for the month of March 2005. The complainant did not pay the bribe and he along with his brother PW -2 and Suresh Kumar went to the Police Station Anti Corruption, Solan and lodged FIR Ext. PW -1/A on 19.4.2005. The Investigating Officer PW -10 then gave a demonstration of the use of Phenolphthalein powder to the complainant, his brother and Suresh Kumar. The case of the prosecution is that thereafter Sandeep Sharma, complainant, produced Rs. 10,000/ - in the shape of currency notes of the denomination of Rs. 500/ - each. These notes were also treated with Phenolphthalein powder and the complainant was informed that on demand of the bribe he should hand over these notes to Appellant Khem Raj. He was also told not to shake hands with anybody nor to hand over the notes to any other person.

(3.) THE prosecution case further is that the complainant got in touch with Khem Raj and decided to visit the Military Farm on 27th April, 2005 to pay the bribe. On the same day, the complainant informed the police that he was going to the Military Farm, Dagshai to pay the bribe to Appellant Khem Raj and thereafter the police officials met the complainant and his brother near Kumarhatti and proceeded towards Dagshai, where the complainant along with his brother went inside the office of the Appellant Khem Raj and on demand by Khem Raj, bribe of Rs. 10,000/ -was paid to the Appellant. A predetermined signal was given to the police by the shadow witness Suresh Kumar and thereafter the police raided the office of Khem Raj and asked whether he had received a sum of Rs. 10,000/ -. He stated that he has handed over this amount to the second Appellant Devinder Singh and the same was recovered from the drawer of Appellant Devinder Singh. Hand wash of both Khem Raj and Devinder Singh was taken and after mixing the hand wash with Sodium Carbonate, the same turned pink.