DHARAM PAUL Vs. STATE OF J AND K

JUDGEMENT

(1.) THIS appeal is directed against the judgment passed by learned Judge, Special Court, Anti -Corruption, Jammu on 07.12.1987 whereby the appellant has been convicted for the commission of an offence under Section 5(2) of the Prevention of Corruption Act, (hereinafter referred to as the Act) and sentenced to undergo imprisonment for a period of one year and also to pay fine of Rs. 1000/ - and in default of payment of fine, he has been directed to further undergo simple imprisonment for a period of two months. The appellant was further convicted under Section 161 R.P.C. and sentenced to undergo imprisonment for a period of one year and also to pay a fine of Rs. 1000/ - and in default of payment of fine, he has been directed to further undergo simple imprisonment for a period of two months. It was ordered that both the sentences should run concurrently.

(2.) THE prosecution story, in brief, is that Gian Chand -complainant lodged a written complaint with Vigilance Organization by alleging that he moved an application to Tehsildar R.S. Pura, Jammu for permission to cut some trees from his land in village Baroda and said file was sent to the Deputy Commissioner's office, Jammu. Gian Chand went to Deputy Commissioner's office, Jammu for inquiring about the permission but when he met the accused and enquired about his application for permission on which the accused demanded Rs. 100/ - from him. Gian Chand -complainant requested the accused for reducing the demand amount. Complainant went to the office of Vigilance Organization and narrated about the demand of the accused. On the complaint of Gian Chand a case against the accused was registered and the investigation was entrusted to Sarnagat Singh, Inspector. The complainant produced the currency notes of Rs,. 50/0 and five notes of Rs. 10/ - denomination before Sarnagat Singh Inspector in presence of PW2 M.L. Hastu and PW3 S.L. Rasotra. The witnesses noted down the numbers of the currency notes where after Phenolphthalein powder was applied to these currency notes by Sub -Inspector Madan Lal Thappa. Demonstration was also held by washing the hands of Sub -Inspector Madan Lal Thappa in sodium carbonate solution which turned pink.

(3.) TO prove the case, prosecution examined PWs. Gian Chand, M.L. Hastu, S.L. Rasotra, Inspector Bal Krishan Bhushan, Sub Inspector, Madan Lal Thappa, Constable Rattan Lal, Sub Inspector Saligram Parihar, Saddar Quanongo, Dy. Commissioner's office Prem Singh, Patwari Sher Singh, Sub Inspector Jatinder Kapahi, Sub Inspector, Gopal Dass, Inspector Sarnagat Singh and Inspector Harnam Singh as its witnesses.