- (1.) The present appeal is directed against the judgment and order dated 5.9.2001, whereby the learned trial Court convicted the Appellants for the offence under Sections, 7 and 13(2) of the Prevention of Corruption Act, 1988 (for short 'the Act) arid sentenced them to undergo rigorous imprisonment for a period of two years each and to pay a fine of Rs. 1,000/- each or in default thereof, to further undergo rigorous imprisonment for a period of two months each for the offence under Section 7 of the Act. They were further sentenced to undergo rigorous imprisonment for a period of two and half hears and to pay a fine of Rs. 1500/- each or in default of payment of fine, to further undergo RI for three months under Section 13(2) of the Act. Both the sentences were ordered to run concurrently.
(2.) The brief facts of the prosecution case are that on 5.9.1997, Amar Singh son of Parkash Chand, herein 'the complainant' approached the office of Anti-Corruption Bureau, Patiala and got recorded his statement, Exhibit PL, before Deputy Superintendent of Police, Vigilance Bureau, Patiala to the effect that his father Parkash Chand is owner of five shops in village Devigarh and the electric connection was also in the name of his father. In the months of January/February, 1997, they received electric bill amounting to Rs. 1926/- but the same could not be paid. As a result of which, the electric connection was disconnected and thereafter the connection was not restored for many months. After some time, another bill to the tune of Rs. 5,073/- was received. On that, the complainant visited the office of accused/Appellant Rajinder Singh aka Rajinder Kumar, R.A. at Devigarh and enquired from him as to how the bill was so inflated. The accused Rajinder Singh told him that if he would pay a sum of Rs. 400/- as illegal gratification, he would get it corrected and only Rs. 3524/- would have to be paid. After negotiation, the accused agreed to accept a sum of Rs. 300/-. On 4.9.1997, the complainant again went to accused/Appellant Rajinder Singh aka Rajinder Kumar and asked him to return the bill after rectification. However, accused Rajinder Singh did not return the bill and after taking Rs. 3524/- from him, told that he himself would get the bill deposited. On that, the complainant asked the accused/Appellant Rajinder Singh to give him a receipt of the money so received. But the accused/Appellant Rajinder Singh told the complainant that first he would have to pay the bribe money of Rs. 300/- and then claim the receipt. The complainant expressed his inability to pay Rs. 300/- on that day and returned back.
(3.) On the basis of above statement, Exhibit PL, formal FIR, Exhibit PL/1 was recorded. A raiding party headed by DSP Chaman Lal was constituted. Rajiv Sood was joined in the raiding party as shadow witness, whereas Karamjit Singh, Inspector, Food and Civil Supplies was joined as official witness. The three currency notes of denomination of Rs. 100/- each were handed over to the complainant, after applying phenolphthalein powder vide memo Exhibit PB, with the direction that the same would have to be paid to the accused Rajinder Singh on demand. The shadow witness, Rajiv Sood, was instructed that when the complainant would hand over the currency notes to accused/Rajinder Singh then he would give signal to the raiding party. On reaching the office of the accused, the complainant and shadow witness were deputed in the office of the accused as per directions and the others remained behind. The complainant entered the office of the accused/Appellant Rajinder Singh and made payment of the currency notes to the accused/Appellant Tarlok Chand as per instructions of accused Rajinder Singh. After receiving the signal from Rajiv Sood, DSP Chaman Lal along with other members of the raiding party reached on the spot and enquired about the tainted money from the accused/Appellant, whereupon he (accused) disclosed that the tainted money was received by accused Tarlok Chand. The tainted money, wrapped in a paper, was recovered from a ledger lying on the table of the accused-Appellant Tarlok Chand. Hands of the accused Rajinder Singh were got washed in a solution of Sodium Carbonate whereupon the colour of the water did not turn light pink. Thereafter the hands of accused Tarlok Chand were got washed in that very solution and the colour of solution turned to pink. The currency notes were sent for chemical examination.;