BALDEV SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) This appeal is instituted against the judgment dated 28.11.2011, rendered by the learned Special Judge (Forests), Shimla, H.P., in Corruption Case No. 4 -S/7 of 2010, whereby the appellant -accused (hereinafter referred to as the accused), who was charged with and tried for offence punishable under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988 was convicted and sentenced to suffer imprisonment for one year and to pay fine of Rs. 10,000/ - and in default of payment of fine to further undergo simple imprisonment for six months.

(2.) The case of the prosecution, in a nut shell, is that on 8.10.2009, Sanjay Sharma (PW -7) made a complaint to Vigilance to the effect that Baldev Thakur, SHO Bhawarna had demanded Rs. 15,000/ - for assisting him in his bail. He paid him Rs. 10,000/ - on 24.9.2009 and remaining amount was to be paid after the matter was over in the High Court on 8.10.2009. He did not want to give him the money. The SHO recorded the FIR and obtained from the complainant, 10 currency notes of 500 denomination bearing No. 9BA 991271 to 991280 and the same were treated with phenolphthalein powder and given to him. A demonstration was given about the reaction of sodium carbonate and the phenolphthalein and when mixed, mixture turned pink. The currency note numbers were also recorded in a memo. The trap party came to the High Court on confirmation of bail by the High Court on 8.10.2009 when complainant Sanjay Sharma gave Rs. 5000/ - on demand being made by Baldev Thakur, SHO Bhawarna near High Court parking. When he was caught by vigilance officials from his shoulder, he threw the money into the bushes. The hands of the accused were washed firstly with plain water and thereafter sodium carbonate mixture was added and the mixture turned pink. The mixture was put in a nip and sealed. Accused Baldev Thakur was asked to pick up the currency notes which were lying in the bushes and seized. The hands were again got washed as aforesaid procedure and mixture turned pink. The hand wash was put in a nip and sealed. The I.O. prepared the site plan and recorded the statements of the witnesses. The hand wash nips were sent to the FSL, Junga and on analysis, the nips contained traces of sodium carbonate and phenolphthalein. The investigation was completed and the challan was put up after completing all the codal formalities.

(3.) The prosecution, in order to prove its case, has examined as many as 8 witnesses. The accused was also examined under Section 313 Cr.P.C. He denied to have demanded any money from the complainant and when case was registered against him, he was asked to produce the vehicle which he was not doing. He had opposed his bail application in the High court even on 8.10.2009. No money was given to him on 8.10.2009 and complainant tried to thrust money into his pocket to which he resisted and he threw away the money. His hand wash was obtained but its colour was not shown to him. The learned trial Court convicted and sentenced the accused, as noticed hereinabove. Hence, this appeal.