MOHAMMAD HUSSAIN Vs. STATE OF J AND K

JUDGEMENT

(1.) VIDE impugned judgment dated 7th of November, 2001 of learned Special Judge, Anti -Corruption, Jammu, Appellant, Mohammad Hussain, (for short hereinafter to be referred to as accused), the then Accounts Assistant in Additional Treasury, Gandhi Nagar, Jammu, stands convicted under Sections 161 RPC and 5 (2) read with Section 5 (1) (d) of the Jammu and Kashmir Prevention of Corruption Act, 2006 (hereinafter to be referred to as 'Act'), and has been sentenced to undergo rigorous imprisonment for a period of one year and a fine of Rs. 5,000/ -; in default thereof to further undergo rigorous imprisonment for six months. He has also been sentenced to undergo rigorous imprisonment for one year for the offence punishable under Section 161 RPC. Both the sentences are, however, ordered to run concurrently. Aggrieved of the same, he has preferred the instant appeal.

(2.) THE case of the prosecution can be summarized as under: Complainant, Sartaj Singh approached the Vigilance Organization, Jammu, on 25 -01 -1995 and produced a written complaint EXPWSS, alleging therein that his father (Iqbal Singh) had expired on 14 -12 -1992 and thereafter his mother had also expired. Pension of his father was settled by the Accountant General's Office, Jammu in the year 1993 in his favour being legal heir and after the settlement, the accused, who was posted as Accounts Assistant in Additional Treasury, Gandhi Nagar, Jammu, had extracted Rs. 300/ - as bribe for the arrears of the pension amounting to Rs. 42,000/ -, and every time when he went to the Treasury Office for getting the pension, the accused demanded Rs. 20/ -for the release of the pension (Rs. 4,222/ - per month). It is then alleged that now his father's gratuity amount to the tune of Rs. 78,538/ - was to be released and for that purpose the accused had put a demand of Rs. 1,500/ - as bribe from him, on the pretext that otherwise the releasing of the said amount would take about one or two months. It is then alleged in the said complaint that he (Sartaj Singh) had promised the accused to pay Rs. 1,000/ -, at the first instance, on 25 -01 -1995 afternoon (the day of occurrence), and assured him to make him the payment of the balance amount (Rs. 500/ -) in the first week of February, 1995.

(3.) IN fact, the aforesaid complaint was addressed to SSP, Vigilance Organization, which in routine was referred to PW Dy. SP, Shakeel Ahmed Beigh, who joined PW Karlar Singh Chib in the raiding party and services of two independent witnesses, namely, PW Hari Ram Sarotra, JE, and PW Satyavrat Rawal, AEE, R&B; Division, Jammu, were also obtained. The bribe amount produced by complainant, Sartaj Singh, was tainted with phenolphthalein powder (PP) and handed over to him for payment to the accused on demand. After giving the demonstration with regard to certain formalities, aforesaid Hari Ram Sarotra, was directed to act as a Shadow Witness for the purpose of giving a signal to the trap party after the acceptance of the bribe money by the accused. Further, the case of the prosecution is that after reaching the spot, when the complainant paid the bribe amount to the accused, aforesaid Hari Ram Sarotra flashed the signal, whereupon the raiding party reached the spot, caught the accused red handed and recovered from him the notes which were handed over to the complainant. They were tallied with the numbers already noted down on a separate slip prepared before conducting the raid. The hand wash and pocket wash of the accused had turned into pink at the spot. The bribe money was seized vide recovery memo. The accused was also taken into custody and the Credit Advice of Rs. 78,538/ - in favour the complainant was taken from his custody through a separate seizure memo. Certain other formalities were also got completed. After completion of the investigation and obtaining the required sanction under Section 6 of the Act, the challan was presented against the accused, who accordingly was charged under Section 5 (2) of the Act read with Section 161 RPC by the learned Special Judge, Anti -Corruption, Jammu.