L.N. Mittal, J. - (1.) ACCUSED Madan Gopal, having been convicted and sentenced by learned Special Judge, Jalandhar, vide judgment and order dated 04.04.2002, has preferred the instant criminal appeal.
(2.) PROSECUTION case is that complainant Jarnail Singh and other villagers of Village Bajuha Khurd made application for demarcation of their 18 plots. Seema Singh - Naib Tehsildar marked the said application to the Appellant, who was Kanungo of Circle Sarih. Accordingly, on 17.11.1998, the complainant went to the Appellant for demarcation of plots. The Appellant demanded Rs. 500/ - per plot i.e. Rs. 9,000/ - as illegal gratification. However, the deal was struck at Rs. 150/ - per plot i.e. for Rs. 2,700/ - in all. The Appellant told the complainant that the Appellant would come for demarcation on 18.11.1998. The complainant told that he would collect the amount from plot holders and give the same to the Appellant at the spot. Accordingly, the complainant collected the amount from plot holders. On 18.11.1998, the complainant, accompanied by Harjinder Singh, went to Swinder Singh - Deputy Superintendent of Police (DSP), Vigilance and made statement Ex. P -F narrating the aforesaid facts and also produced the amount of Rs. 2,700/ - comprising of 3 currency notes of Rs. 500/ - denomination and 12 currency notes of Rs. 100/ - denomination. The DSP applied phenolphthalein powder to the currency notes and gave back the same to the complainant, requiring him to give the currency notes to the Appellant -accused on his demand. Harjinder Singh was sent as shadow witness with direction to watch the proceedings and to give signal to the police party after acceptance of money by the Appellant. Necessary memo Ex. P -G was prepared. Demonstration was also given to the witnesses regarding change of colour of Sodium Carbonate solution to pink on coming into contact with phenolphthalein powder. Memo Ex. P -H was prepared regarding demonstration. Mohan Singh - Social Education and Panchayat Officer was joined as independent official witness in the raiding party. Statement Ex. P -F along with endorsement Ex.P -F/1 made by DSP was sent to Police Station, where on its basis, FIR Ex. P -B was registered. Raiding party went to Village Bajuha Khurd. The Appellant, with the help of other officials, was giving demarcation there. After all the plots were demarcated, the Appellant, accompanied by complainant and shadow witness, came to Gurdwara. Then they went to a room, where the Appellant demanded the bribe amount. Thereupon, the complainant gave the marked currency notes valuing Rs. 2,700/ - to the Appellant, who put the same in the pocket of his shirt of Safari suit. Harjinder Singh - shadow witness came out and gave signal to the raiding party. Thereupon, the DSP, along with other members of the party, reached the said room and apprehended the Appellant. On hand -wash of the accused in Sodium Carbonate solution, it turned pink. The solution was sealed in a nip and seized vide memo Ex. P -J. On search of the Appellant, tainted currency notes were recovered from his pocket. Numbers of the currency notes tallied with numbers mentioned in memo Ex. P -G. The notes were seized vide memo Ex. P -K. Pocket of shirt of the accused -Appellant was washed in Sodium Carbonate solution and its colour turned light pink. The solution was sealed in a nip and the shirt was also sealed and both the parcels were seized vide memo Ex. P -L. Relevant record was also taken into possession by the police. Necessary investigation formalities were completed. The accused was arrested. On completion of investigation, accused was sent for trial for offence under Section 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (in short - the Act).
(3.) CHARGE under Section 7 of the Act was framed against the accused, who did not plead guilty and claimed trial.;