CHARAN DASS Vs. STATE

JUDGEMENT

(1.) This is an appeal against the judgment of conviction and sentence passed by the learned Special Judge Anti-corruption Jammu dated 29-3-1994. Accused-appellant, Charandas, has been convicted for commission of offences under Section 5 (1)(d), read with Sec. 5 (2) of the Prevention of Corruption Act and Sec. 161 R.P.C. and sentenced to undergo rigorous imprisonment for one year and a fine of Rs. 500.00 and in default of payment of fine to undergo simple imprisonment for a further period of one month for commission of an offence under Sec. 5 (1)(d), punishable under Sec. 5 (2) of the Prevention of Corruption Act and also sentenced to undergo punishment of same description for commission of the offence under Sec. 161 RPC. Both the sentences have been ordered to run concurrently.

(2.) The prosecution case, briefly stated, is that the accused Charandas was posted as Patwari in Patwar halqa Datrayal, tehsil Jammu in the month of December 1986. PW Ram Krishan complainant was in possession of 4-kanals of land comprising in survey No. 478 at village Datryal. Sometimes in the second week of December 1986 the complainant came into contact with the accused. The accused directed him to see him on the next day in Niabat Basohli. So, that they could discuss about the position of the land in possession of the complainant. Accordingly the complainant went to the Niabat and there he met the Naib-Tehsildar and the accused. The Naib-Tehsildar directed the accused to discuss the matter with the complainant whereupon the accused conducted the complainant to another room and told him that he would not be dispossessed from the land he was in possession provided he paid some money to the accused. The deal was struck between the complainant and the accused at Rs. 400.00 and consequently the accused instructed the complainant to meet him in village Goddichak where he had to go for demarcation of some land. The complainant approached the Vigilance Organization and lodged a complaint against the accused on which FIR No. 80/86 was registered. A trap was arranged. Services of two independent witnesses PWs Pardeep Kumar and Yogesh Kumar, government employees, were solicited. In presence of the members of the trap party and these two independent witnesses, the complainant produced two currency notes of Rs. 100.00 denomination each for being used as trap money. Numbers of these currency notes were noted down by the independent witnesses on separate slips of paper, the notes were treated with phenolphthalein powder and returned to the complainant for onward payment to the accused. Solution of sodium carbonate was prepared and demonstration was carried out showing that when the hands of the person who has touched the currency notes treated with phenolphthalein powder are washed in sodium carbonate solution, the solution would turn pink. This wash was separately secured in a bottle and sealed. Handing over memos of the notes of the complainant were prepared. The raiding party thereafter left for village Goddichak along with the complainant, after visiting Niabat office where the accused had not been found. At village Goddichak the raiding party was divided into two groups. The complainant was accompanied by shadow witness, PW Yashpal constable of the Vigilance Organization in civies with the instructions that as and when the trap money was paid to the accused to pass on the settled signal to other members of the raiding party. In village Goddichak the accused while returning from the field where he had gone for demarcation met the complainant from whom he inquired whether he had brought the money whereon the complainant paid the tainted currency notes to the accused and gave signal to the shadow witness to pass on the signal to the raiding party, whereon all the members of the raiding party came on spot and took the accused to a shop where the senior officer, who was accompanying the trap party disclosed his identity to the accused. Numberdar was also present who first searched the person of PW Pardeep Kumar and thereafter Pardeep Kumar searched the person of the accused and recovered the two tainted currency notes. Numbers of the currency notes were tallied with the chits, the hands of the accused were washed in sodium carbonate solution and the wash was preserved in a bottle. Likewise the lining of the pocket of the coat of the accused was also so washed and the wash preserved. After completing other formalities the accused was arrested on the charge of having demanded and accepted Rs. 200.00 as illegal gratification from the complainant. After obtaining the sanction for prosecution of the accused from the Government, criminal charge sheet was laid against the accused seeking his trial for commission of offences under Sec. 161, RPC and Sec. 5 (2) P.C. Act 2006, before the learned trial Court.

(3.) On being asked to plead, the accused abjured his guilt and claimed trial. Therefore, the prosecution was directed to lead evidence in support of the charge. Prosecution examined PWs. Ram Krishan, Pardeep Kumar, Yogesh Kumar, S. Baldev Singh, Ramdhan, S. Amrik Singh, Sh. Kuldeep Khudda, Yashpal, Hamidhullah and Narinder Singh, Dy. S. P. as its witnesses.