L. N. Mittal, J. - (1.) SATISH Kumar Jain accused has preferred the instant appeal assailing his conviction and sentence ordered by learned Special Judge, Sonepat, vide judgment of conviction dated 17.09.2002 and order of sentence dated 19.09.2002.
(2.) PROSECUTION case, in brief, is as under: The accused was posted as Assistant Accountant in the office of Estate Officer, Haryana Urban Development Authority (HUDA), Sonepat. Plot No. 1839, Sector 23, Sonepat stood allotted to N. C. Rishi. He sold this plot to Omwati and asked Rajesh Garg complainant to get the same transferred. Accordingly, Rajesh Garg went to HUDA office. The accused demanded Rs. 500/ -as illegal gratification. The complainant made application Ex.P -B to the Vigilance Bureau Police in this regard. Thereupon, trap was laid. Inspector Vikash Dhankar moved application to Deputy Commissioner/District Magistrate, who appointed Gazetted Officer Bansi Lal Khundia - Naib Tehsildar to join the raiding party. Vijay Dagar was joined in the raiding party as shadow witness. Complainant gave five currency notes of Rs. 100/ -denomination to Inspector Vikash Dhankar, who applied phenolphthalein powder to the same and gave back the same to the complainant. Numbers of currency notes were recorded in relevant memo Ex.P -K. Necessary instructions were given to the complainant and the shadow witness. Naib Tehsildar, who also joined the raiding party, was disclosed necessary facts. Raiding party went to the HUDA office. Rajesh Garg complainant and Vijay Dagar shadow witness went to the accused inside his office. The accused demanded the bribe money. On request of the complainant, the bribe amount was brought down to Rs. 300/ -. The complainant accordingly gave amount of Rs. 300/ -out of the tainted currency notes to the accused. Thereupon, the shadow witness gave the requisite signal to the remaining raiding party, who also came inside the office. The accused had put the bribe money in the pocket of his shirt. Hand -wash of the accused turned the colour of sodium carbonate solution into pink. The three tainted currency notes were recovered from the pocket of the accused. The currency notes were washed in separate solution of sodium carbonate, which turned pink. Shirt of the accused was taken off and its pocket was washed in another solution of sodium carbonate, which also turned pink. All the solutions were sealed separately in nips and were seized by the police. Shirt of the accused, the three tainted currency notes recovered from the accused and the remaining two currency notes taken from the complainant were also sealed and seized separately. All these proceedings were recorded on application Ex.P -B, which was sent to Police Station, where on its basis, FIR was registered. Necessary investigation was 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 (1) (d) of the Prevention of Corruption Act, 1988 (in short - the Act).
(3.) CHARGE under Sections 7 and 13 (1) (d) of the Act was framed against the accused, who pleaded not guilty and claimed trial.;