L.N. Mittal, J. - (1.) BY filing the instant criminal appeal, convict Madan Lal has challenged judgment and order dated 3.4.2003 passed by learned Special Judge, Jalandhar thereby convicting the Appellant under Section 7 read with Section 13(2) of the Prevention of Corruption Act, 1988 (in short, the Act) and sentencing him to undergo rigorous imprisonment for one year and to pay fine of Rs 1000/ - and in default thereof, to under rigorous imprisonment for two months.
(2.) PROSECUTION case in brief is as under: Complainant Mehal Singh was in possession of 17 kanals land Criminal owned by Central Government. The said land was allotted to him. The complainant deposited Rs 34,116/ - as price of the land. Accused Madan Lal was posted as Sales Clerk in the office of Tehsildar (Sales), Nakodar. The accused was to prepare necessary papers and to send the same to Sub Divisional Magistrate for execution of sale deed/conveyance deed in favour of the complainant. On 28.7.2000, the complainant met the accused and asked him to do the needful. The accused demanded Rs 3000/ - as illegal gratification for the same. The bargain was, however, struck for Rs 1000/ -.The complainant agreed to pay the same on 2.8.2000. However, on 2.8.2000 complainant Mehal Singh accompanied by Balwant Singh went to Amrik Singh DSP, Vigilance Bureau, Jalandhar and made statement regarding the aforesaid demand. The complainant also gave 10 currency notes of 100 rupees denomination. Phenolphthalein powder was applied to the currency notes and the same were returned to the complainant to give the same to the accused on his demand. Balwant Singh was made shadow witness. Necessary instructions were given to both of them. Demonstration was also given to them to depict that colour of sodium carbonate solution changed to pink on coming in contact with phenolphthalein powder. Dr. Sukhpal Singh, Medical Officer and Vijay Kumar (Superintendent, office of Civil Surgeon) were joined as independent official witnesses in the raiding party. FIR was got registered by sending statement of the complainant. Raiding party went in government vehicle and stopped outside the complex housing the office of the accused. The complainant and the shadow witness went inside the office whereas the Criminal remaining raiding party stayed behind. The accused told the complainant and the shadow witness that he would not accept the bribe amount inside the office. He took them to nearby country liquor Ahata where the accused demanded illegal gratification. The complainant gave tainted currency notes to the accused. Shadow witness gave necessary signal to the raiding party who reached the spot and apprehended the accused. On search of the accused, a purse was recovered from the pocket of his trousers. The purse contained the tainted currency notes in the outer pocket whereas in the other pocket with zip, there was also amount of Rs 4110/ -. Numbers of the tainted currency notes tallied with the numbers recorded in the memo which had been prepared before the raid. Hand wash of the accused in sodium carbonate solution turned its colour to pink. Outer pocket of the purse was also washed in separate solution of sodium carbonate which also turned pink. The solutions were then sealed in separate nips. The purse, tainted currency notes and other amount were sealed in separate parcels. All the articles were seized by the police. Record was also taken into possession from the accused. Attendance register was also seized. Rough site plan of the place of occurrence was prepared. Statements of witnesses were recorded. The accused was arrested. After obtaining sanction for prosecution of the accused and on completion of investigation, report under Section 173 of the Code of Criminal Procedure (in short, Code of Criminal Procedure) was presented by the police for prosecution of the accused under Sections 7 and 13(1)(d) read with Section 13(2) of the Act. Charge for offence punishable under Section 13(2) read with Criminal Section 7 of the Act was framed against the accused who pleaded not guilty and claimed trial.
(3.) IN support of its case the prosecution examined ten witnesses. Charan Dass, Tehsil Assistant, PW1 stated that the accused was posted as Sales Clerk and on 2.8.2000 he was marked present in the attendance register. The witness also identified the signatures of the accused on challan form regarding deposit of Rs 34,116/ - by the complainant in government treasury.;