Dr. S. Muralidhar, J. - (1.) THIS appeal is directed against the judgment dated 14th July 2008 passed by the Special Judge, Delhi in CC No. 21/05 convicting the Appellant for the offence under Sections 7 and 13(1)(d) punishable under Section 13(2) of the Prevention of Corruption Act, 1988 ('PC Act') and the order on sentence dated 15th July 208 whereby for each of the aforementioned offences he was sentenced to undergo rigorous imprisonment ('RI') for two years with fine of Rs. 5,000 and in default to undergo simple imprisonment ('SI') for two months. Both sentences were directed to run concurrently.
(2.) THE case of the prosecution is that FIR No. 662/04 was registered at Police Station ('PS') Nangloi on 29th July 2004 under Sections 279/337 IPC against one Kishan Kumar (PW -9) , the brother of the Complainant Jai Bhagwan (PW -2) . PW -9 was arrested on 29th July 2004. PW -2 approached Assistant Sub Inspector ('ASI') Ranbir Singh (PW -11) who was the Investigating Officer ('IO') of the said case for release of PW -9 on bail. PW -11 is stated to have accepted the bail bond of PW -9 and directed the Appellant herein who was a Constable at PS Nangloi, to release PW -9. It is stated that the Appellant, however, demanded a bribe of Rs. 5,000 for releasing PW -9. Under duress, Complainant paid the Appellant Rs. 4,000 as bribe. Thereafter PW -9 was released and the Appellant asked the Complainant to pay the balance amount of Rs. 1,000 on 30th July 2004, between 6 and 7 pm at the Ditchau Kalan Bus Stand, Najafgarh. Since PW -2 was against giving of bribe he approached the Anti Corruption Branch ('ACB') and gave his complaint (Ex. PW -2/A) which was recorded by Inspector Sunder Dev (PW -12) at around 3. 30 pm in the presence of Anoop Kumar Verma (PW -6) , the panch witness, who was at the relevant time a Head Clerk in the Directorate of Education. PW -2 brought with him two government currency ('GC') notes of Rs. 500 each. Their numbers were noted in the pre -raid proceedings by PW -12. Thereafter PW -12 applied phenolphthalein powder to the GC notes and gave a demonstration as to its effect. The treated GC notes were given to PW -2, who kept the same in his left shirt pocket. The hands of PW -2, PW -6 and PW -12 were washed and the solution was thrown away. PW -6 was directed to remain close to PW -2 to overhear the conversation and after being satisfied that bribe had actually been given, to give the pre -determined signal.
(3.) AT around 4.30 pm, PW -2, PW -6, PW -12 and Inspector B. S. Yadav (PW -10) , along with SI Bhim Singh and Constable Rajiv and other members of the raiding party left the ACB for the Ditchau Kalan Bus Stand in a government vehicle. They reached there around 5.45 pm. At around 7 pm, the Appellant came there and had a conversation with PW -2. Thereafter PW -2 and the Appellant moved towards a water trolley. There the Appellant took some water and proceeded ahead with PW -2 and PW -6. After sometime PW -2 took out the treated GC notes from the pocket of his shirt and extended them to the Appellant who received them with his right hand and kept the same in the left pocket of his shirt. PW -6 then gave the pre -determined signal upon which the raiding party reached the spot.;