PRAKASH CHAND Vs. SATPAL SOOD

JUDGEMENT

(1.) The appellant Lajpat Rai, who was working as a Patwari, in the revenue circle of Jhotiwala was convicted by the learned Special Judge, Faridkot, vide judgment dated 7.6.1990 as he was found guilty of the offence punishable under Section 13(2) of the Prevention of Corruption Act, 1989, hereinafter referred to as the Act, and was sentenced to undergo rigorous imprisonment for a period of 1.5 years and to pay a fine of Rs. 500/-, in default thereof, to further undergo rigorous imprisonment for two months. Challenge in the present appeal is to the conviction and sentence awarded to the appellant-accused.

(2.) As per the case of the prosecution, Jit Singh PW 1 is resident of village Burj Masta. He and his other three brothers had purchased the land measuring about 15 kanals 18 marlas in 1982. They also purchased land measuring 4 kanals 17 marlas for a consideration of Rs. 14,000/- from Arjan Singh son of Narain Singh and Jaswinder Singh son of Jalaur Singh. The mutations had not been sanctioned in respect of the two purchases. The complainant went to the Patwari who in turn demanded a sum of Rs. 500/- but agreed to accent Rs. 300/- from them for entering the mutations. This was demanded on 10.4.1989. The amount was demanded as illegal gratification, which was promised to pay by the complainant. The complainant along with Babu Singh PW went to the office of the Vigilance Bureau at Faridkot, Gurbachan Singh, Inspector met him in the office. Statement of complainant was recorded. Then Jit Singh produced three currency notes of Rs. 100/- each. Phenolphthalein powder was applied to the notes and no other material was permitted to remain with Jit Singh. These notes were handed over to Jit Singh. A demonstration regarding the solution of powder was also done. A scheme was prepared, according to which after reaching near the vegetable shops, Jit Singh was to go ahead and on demand by the accused, was to make the requisite payment. According to the scheme Jit Singh PW1 paid a sum of Rs. 300/- to the accused and thereafter agreed signal was given by Babu Singh. The Inspector along with the members of the raiding party reached the roof. Accused came out from the Chaubara. The Inspector disclosed his identity. Then glass of water was taken and sodium carbonate was put into the same. Hands of the accused were got washed in the said solution. The colour of the solution changed to pink. Then solution was put into a nip and was duly sealed and taken into possession. Before conducting the raid, Gurcharan Singh, Clerk, Office of the S.D.O.Drainage, Faridkot was also joined. He was introduced to the witnesses and scheme was told to him. Recovery of three currency notes of Rs. 100/- each was effected. Numbers of the notes were tallied and ultimately challan was filed along with relevant documents. Report of the Forensic Science Laboratory and the opinion given by the expert were filed with the challan.

(3.) A charge under Section 13(2) of the Act was framed on 27.9.1989. The appellant-accused did not plead guilty and was subjected to trial. After the prosecution evidence was concluded, the statement of the accused under Section 313 Cr.P.C. was recorded in which he pleaded not guilty as well as stated that he has been falsely implicated in the case. As already noticed, the learned Special Judge, found the appellant guilty of the offence and convicted him by awarding the afore-mentioned sentence.