- (1.) Accused Balbir Singh filed this criminal appeal to challenge his conviction and sentence ordered by learned Special Judge, Ludhiana vide judgment and order dated 14.2.2004 whereby the accused was convicted under section 7 read with section 13(2) of the Prevention of Corruption Act, 1988 (in short, the Act) and sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs 500/- and in default thereof, to undergo further rigorous imprisonment for one month under section 7 of the Act and to undergo rigorous imprisonment for two years and to pay fine of Rs 1000/- and in default thereof, to undergo further rigorous imprisonment for one month under section 13(2) of the Act, but both the sentences were ordered to run concurrently.
(2.) Before proceeding further, it has to be noticed that during the pendency of the instant criminal appeal, convict Balbir Singh died and his wife Baljit Kaur was allowed to continue the appeal. Prosecution case is that accused Balbir Singh was posted as Senior Clerk in Punjab Backward Classes Land Development and Finance Corporation (in short, the Bank) at Ludhiana. Complainant Liyakat Ali was to apply for loan from the bank. He filled necessary forms and attached necessary documents. On 11.9.1998, the complainant along with form accompanied by Gurnam Dass met the accused in his office and produced his form for loan. The accused, however, demanded Rs 1500/- as illegal gratification for getting necessary formalities completed from the office and for sending the form to Head Office at Chandigarh. The deal was, however, struck at Rs 1000/-. The complainant on the pretext that he was not having requisite amount told the accused that he would arrange the amount and pay it to the accused in the afternoon. However, the complainant went to the office of Vigilance Bureau and made statement Ex. PA to DSP Pinder Singh. The complainant gave 10 currency notes of Rs 100/- denomination to the DSP who applied phenolphthalein powder to the notes and returned the same to the complainant. Numbers of the notes were recorded in memo. Gurnam Dass was made shadow witness. Necessary instructions were given to the complainant and the shadow witness. Raiding party was formed. Demonstration was also given to the complainant and the shadow witness. Statement of the complainant along with endorsement made by DSP was sent to Police Station where on its basis, FIR was registered. On way to office of the accused, Sukhdev Singh, Clerk in the office of PWD (B&R) was also joined in the raiding party. The complainant and the shadow witness were sent to the office of the accused whereas the remaining party stayed a little away. On demand of the accused, complainant gave the tainted currency notes to the accused who put the same in the pocket of his pants. Shadow witness flashed necessary signal to the raiding party who reached the spot. Hand wash of the accused in sodium carbonate solution turned the colour thereof into pink. Tainted currency notes were recovered from the pocket of pants of the accused. Numbers of the said notes were found to be the same as mentioned in the memo. Pocket wash of pants of the accused in separate solution of sodium carbonate also turned its colour into pink. The solutions were sealed in separate nips. All the articles including tainted currency notes and pants of the accused were seized by the police. Loan form of the complainant was also seized from the office of the accused. Statements of witnesses were recorded. Site plan of the place of occurrence was prepared. The accused was arrested.
(3.) On analysis in Forensic Science Laboratory, solutions of hand wash and pocket wash of pants of the accused were found to contain sodium ions, carbonate ions and phenolphthalein. Sanction for prosecution of the accused was obtained. On completion of investigation, police presented report under section 173 of the Code of Criminal Procedure (in short, Cr.P.C.) for prosecution of the accused under sections 7 and 13(2) of the Act. Charge under section 13(2) read with section 7 of the Act was framed against the accused. He pleaded not guilty and claimed trial.;