YOGESH BALI Vs. STATE OF H.P.

JUDGEMENT

(1.) This appeal is instituted against the judgment dated 20.3.2013, rendered by the learned Special Judge, Solan, H.P., in Corruption Case No. 7 -S/7 of 2011, whereby the appellant -accused (hereinafter referred to as the accused), who was charged with and tried for offences punishable under Ss. 7 and 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as "the Act" for convenience sake) was convicted and sentenced to suffer rigorous imprisonment for one year and to pay fine of Rs. 10,000/ - and in default of payment of fine to further undergo imprisonment for two months under Sec. 7 of the Act. He was further sentenced to undergo imprisonment for two years and to pay a fine of Rs. 20,000/ - and in default of payment of fine to undergo imprisonment for six months under Sec. 13(2) of the Act. The sentences were ordered to run concurrently.

(2.) The case of the prosecution, in a nut shell, is that the accused was posted as Sr. Assistant in the office of Assistant Commissioner, Parwanoo, during the month of April -May, 2011. Amar Nath (PW -1) approached the accused for obtaining NOC regarding sale of Tipper bearing regn. No. HP -15 -B -9803, which was owned by the father of the complainant, namely, Gopal Chand on 30.4.2011. The complainant handed over the complete papers regarding payment of taxes and other connected documents to the accused qua which receipt Ext. PW -4/C was issued by PW -4 Monika, Jr. Assistant. The accused demanded Rs. 3,000/ - from the complainant on account of "Sewa Pani" and asked the complainant to come after 2 -3 days. On 4.5.2011 at about 11:30 AM, when the complainant was at Parwanoo, he came to know that Vigilance Officials were present at Parwanoo Rest House. He along with PW -2 Kartar Chandel went to the Rest House, Parwanoo, where he handed over a complaint Ext. PW -1/A to PW -14 Ramesh Sharma, Dy. S.P., SV & ACB, Solan, regarding illegal demand of Rs. 3000/ - by the accused for issuance of NOC for transfer of the vehicle. The complaint was forwarded to the Police Station through Const. Kishan Lal (PW -6), after making endorsement Ext. PW -14/A by Ramesh Sharma, on receipt of which FIR Ext. PW -7/B was recorded. All the codal formalities were completed on the spot. Complainant entered into the room of the accused whereas PW -2 Kartar Chandel kept standing at the door. The complainant enquired about the NOC. The accused asked for "Sewa Pani", upon which the complainant handed over the treated currency notes amounting to Rs. 3000/ - to the accused who handed over the NOC to the complainant. The currency notes were kept by the accused in his pocket and thereafter the same were put in a telephone directory which was lying on the table of the accused. The complainant and Kartar Chandel signaled to the other members of the trap party who entered in the office of the accused and accused was caught hold by the members from his arms. The hand wash of the accused was conducted in a plate with plain water whose colour did not change. Thereafter, the solution of sodium carbonate was prepared separately and was mixed with the hand wash of the accused and its colour changed into pink. The solution was put in glass nip which was packed and sealed with seal impression "E" and was seized vide memo Ext. PW -1/C. The currency notes were put in envelope which were sealed with seal impression "E" and were seize vide memo Ext. PW -1/D and sample of seal Ext. PW -2/B was taken separately and seal after use was handed over to witness Kartar Chandel. The complainant produced two copies of NOC which were seized vide memo Ext. PW -1/F and telephone directory Ext. P -7 was seized vide memo Ext. PW -2/C. Site plan Ex. PW -14/C was prepared. The case property was deposited in the malkhana. The statements of the witnesses were recorded. The investigation was completed and the challan was put up before the Court after completing all the codal formalities.

(3.) The prosecution, in order to prove its case, has examined as many as fourteen witnesses. The accused was also examined under Sec. 313 Cr.P.C. He denied to have demanded any money from the complainant. The learned trial Court convicted and sentenced the accused, as noticed hereinabove. Hence, this appeal.