L.N. Mittal, J. - (1.) ACCUSED Hardev Singh has filed the instant criminal appeal impugning judgment and order dated 04.01.2003 passed by learned Special Judge, Patiala, thereby convicting the Appellant under Section 7 of the Prevention of Corruption Act, 1988 (in short - the Act) and sentencing him to undergo rigorous imprisonment for 02 years and 06 months and to pay fine of Rs. 5,000/ -and in default thereof, to undergo further rigorous imprisonment for three months.
(2.) PROSECUTION case, in brief, may be narrated as under: Complainant Baljit Singh went to the accused (Patwari Halqa) for obtaining copy of jamabandi and missal hakiat of the land of his father. The accused demanded Rs. 2,000/ -as illegal gratification for the same. However, the bargain was struck at Rs. 1,000/ -. The complainant disclosed about it to Amarjit Singh. Then on 03.08.2000, Baljit Singh - complainant and Amarjit Singh went to Deputy Superintendent of Police (Vigilance) Narinder Pal Kaushal. Complainant made statement to him and on its basis, FIR was registered. The complainant gave two currency notes of Rs. 500/ -denomination to the DSP, who applied phenolphthalein powder to the same and returned the same to the complainant. Memo in this regard was prepared. Numbers of the currency notes were mentioned in the memo. Amarjit Singh was made shadow witness. Necessary instructions were given to the complainant and the shadow witness. Demonstration was also given to them to depict that phenolphthalein powder turned colour of sodium carbonate solution into pink. Lakhbir Singh - Clerk from the office of Chief Agricultural Officer and Dr. Ashrafjit Singh from T. B. Hospital were joined as independent witnesses. They were also introduced to the complainant and the shadow witness and were also told the purpose of the raid. Usual trap was laid. The complainant and the shadow witness went to the accused. The remaining raiding party stayed behind. The accused demanded bribe money from the complainant, who gave the same to the accused. Thereupon, the shadow witness gave necessary signal to the raiding party, who reached the spot. Hand -wash of the accused in solution of sodium carbonate turned its colour to pink. It was sealed in a nip. Tainted currency notes were recovered from the right hand of the accused. Numbers thereof tallied with the numbers mentioned in the memo. The currency notes were seized by the police. Register mutation, Register ujrat and photocopy of missal hakiat were seized by the police. Necessary investigation proceedings were conducted at the spot. Sanction for prosecution of the accused was obtained. On completion of investigation, report under Section 173 of the Code of Criminal Procedure (in short - Code of Criminal Procedure .) was presented for prosecution of the accused under Sections 7 and 13(2) of the Act.
(3.) CHARGE under Sections 7 and 13(1)(d) of the Act read with Section 13(2) of the Act was framed against the accused, who pleaded not guilty and claimed trial.;