Jora Singh, J. - (1.) CRL . Appeal No. 1310 -SB of 2007 and Crl. Appeal No. 1361 -SB of 2007 were preferred by Vimal Kumar and Anil Kumar, respectively, to impugn the judgment of conviction and order of sentence dated 5.7.2007 rendered by Special Judge, Rupnagar, in Corruption Case No. RT -7 of 14.5.1999/13.5.2006, arising out of FIR No. 5 dated 14.3.1997 under Sections 7/13(2) of Prevention of Corruption Act, 1988 (for short 'the Act'), PS Vigilance Bureau, Flying Squad, Punjab State, Mohali.
(2.) BY the said judgment, they were convicted under Sections 7/13(2) of the Act and sentenced to undergo RI for 2 -1/2 years and to pay a fine of Rs. 5,000/ -, in default of payment of fine, to further undergo RI for 3 months each. Prosecution story, in brief, is that Gian Chand, complainant, was the attorney of Rattan Goyal, Proprietor of M/s Rattan and Rattan Associates. Rattan Goyal was the Contractor. Work of Municipal Council, Mohali, was allotted to Rattan Goyal. Rs. 91,000/ - was due from MC, Mohali. Gian Chand being the attorney of Rattan Goyal had approached the officials of MC, Mohali, to release Rs. 91,000/ - on 13.3.1997. Gian Chand along with Mehar Singh had met Suresh Kumar, Clerk -cum -Cashier, and enquired about the bill. Suresh Kumar replied that no bill for payment was received by him. Complainant was directed to contact Anil Kumar, JE. After that, Gian Chand had met Anil Kumar, JE, who demanded 12.5% commission for passing the bill, i.e., Rs. 11,200/ -, out of which, Rs. 7,200/ - as commission is payable to him, SDO, ME and EO and Rs. 4,000/ - be paid to Vimal Kumar as commission payable to the President, Accountant and Draftsman. Regarding demand of 12.5% as commission, complainant had met ME, SDO and EO. All replied that demand of 12.5% as commission is correct one. Complainant was directed to pay commission to the JE. After that, complainant had met the President, Suresh Kumar, Vijay Kumar and Vimal Kumar. They directed to deposit Rs. 4000/ - as commission with Vimal Kumar. Anil Kumar and Vimal Kumar directed the complainant to visit the office on 14.3.1997 at 12.15 P.M. with payment. Gian Chand, complainant, had gone to the office of Vigilance Bureau. Entire episode was brought to the notice of DSP, Vigilance Bureau. Statement of Gian Chand (Ex.P.W.9/A) was recorded.
(3.) COMPLAINANT had produced 13 currency notes, each of the denomination of Rs. 500/ - and 7 currency notes, each of the denomination of Rs. 100/ -. Phenolphthalein powder was applied to the currency notes and numbers of currency notes were noted. Currency notes were returned to the complainant vide memo (Ex.P.W. 1/A). Complainant had produced 5 currency notes, each of the denomination of Rs. 500/ - and 15 currency notes, each of the denomination of Rs. 100/ -. Phenolphthalein powder was applied to the currency notes and numbers of currency notes were noted. Currency notes were returned to the complainant vide memo (Ex.P.W. 1/B). Gurmel Singh was joined as shadow witness with direction to accompany the complainant and to over hear the conversation between the complainant and the accused regarding demand and acceptance of illegal gratification and after acceptance of illegal gratification to give agreed signal to the raiding party. Solution was prepared by adding Sodium Carbonate. Demonstration was given to the complainant and the shadow witness as to how colour of solution was to change. Mehar Singh and Mahesh Chander, JE, were also joined in the raiding party. Complainant and shadow witness were sent to the office of the accused and remaining members of the raiding party had stayed at some distance from the office of the accused. After receipt of agreed signal from Gurmel Singh, IO along with other officials had gone to the office of the accused. IO disclosed his identity and confirmed the names of the accused. Both the accused were apprehended. After that, a glass of water was arranged. Solution was prepared by adding sodium carbonate. There was no change in the colour of water. Then Anil Kumar was directed to wash his hands in the solution. Then colour of solution turned light pink. Solution was transferred into a nip and sealed by the IO with his own seal bearing impression 'DS'. Sealed parcel was taken into police possession vide separate memo attested by the witnesses. On personal search of Anil Kumar, Rs. 7,200/ - was recovered from the right side pocket of pants worn by him. Numbers of recovered tainted currency notes were got compared with the numbers of currency notes already noted in the memo and the same were found tallying. Recovered currency notes were taken into police possession vide separate memos attested by the witnesses. Another glass of water was arranged. Solution was prepared by adding sodium carbonate. There was no change in the colour of water. Then pocket of the pants worn by Anil Kumar was washed in the said solution. Then colour of solution turned light pink. Solution was transferred into a nip and sealed by the IO with his own seal bearing impression 'DS'. Sealed parcel was taken into police possession vide separate memo attested by the witnesses.;