AJIT SINGH RANA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This appeal is instituted against judgment dated 9.9.2011 rendered by learned Special Judge, Hamirpur, HP in Corruption Case No. 05 of 2010, whereby appellant-accused (hereinafter referred to as 'accused' for convenience sake), who was charged with and tried for offence under Sections 7 & 13 (2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as 'Act' for convenience sake), was convicted and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 5,000 under Section 7 of the Act and in default of payment of fine, to further undergo simple imprisonment for three months, and was further sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 10,000/- under Section 13 (2 ) of the Act, in default of payment of fine, to undergo simple imprisonment for six months.

(2.) Case of the prosecution, in a nutshell, is that the complainant PW-1 Roshan Lal, was Pradhan of Jahu Agriculture Co-operative Society Limited, Jahu. He gave a written complaint to the Superintendent of Police, Hamirpur on 20.7.2009, whereby he reported that the accused, District Controller, Food, Civil Supplies & Consumer Affairs, Hamirpur was demanding Rs. 10,000/- from him. It is further alleged in the complaint that Devi Raj, Secretary-cumSalesman of the Society had committed some irregularities and accused had stopped supply of grocery articles under the Public Distribution System. The General House of the Society, by passing a resolution had removed Secretary-cum-Salesman of the Society.

(3.) Trap party was formed by the Superintendent of Police, Asif Jalal, and Shri Shiv Dev Singh Tehsildar, Kartar Chand, Superintendent of the Tehsil Office, Hamirpur and some other police officials were included in the trap party including the complainant. Superintendent of Police gave demonstration of mixing sodium carbonate and phenolphthalein separately in water and on mixing mixture of both the chemicals together, colour of the same turned pink. .Roshan Lal handed over ten currency notes in the denomination of Rs. 1000 each to the Superintendent of Police and numbers of the currency notices were noted down in a memo. These notes were treated with powder of phenolphthalein and were handed over to Roshan Lal, with a direction that he should hand over the same to the accused as and when the latter would demand bribe money. Witness Kartar Chand was also sent with Roshan Lal to the office of the accused. Superintendent of Police alongwith other members of the raiding party went to the parking place of Deputy Commissioner Office Hamirpur. After some time witness Kartar Chand gave signal to the trap party after the complainant gave bribe money to the accused. Superintendent of Police, Hamirpur alongwith other members of the trap party went to the office of accused. HC Ranjeet Singh and HC Kapil caught the accused from his hands. Superintendent of Police, Asif Jalal, disclosed his identity to the accused. Accused was made to wash his hands in a plate and the hand-wash water was mixed with sodium carbonate and colour of the same turned pink. The mixture was put in a nip and the same was sealed. On search, ten currency notes of denomination of Rs. 1000/- each were recovered from a file kept in the office of the accused. Numbers of the currency notes were tallied with the numbers already written in the memo Ext. PW1/C. All the ten currency notes were packed and sealed in an envelope. Case was investigated. Challan was put in the Court after completing all codal formalities.