- (1.) The challenge by way of this appeal brought by Rattan Singh, the appellant is to the judgment of his conviction dated 10.10.2000 passed by learned Special Judge, Ropar vide which the appellant has been held guilty and convicted for an offence punishable under sections 7 and 13(2) of the Prevention of Corruption Act, 1988 (for short, "the Act") and the order on sentence of the same date vide which the appellant has been sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs 500/- for the aforesaid offence with further rigorous imprisonment for a period of one month in default of payment of fine. The case set-up by Police Station, Vigilance Bureau, Patiala by way of FIR No. 70 dated 18.9.1997 for the aforesaid offence is as under:- Ram Dass alias Gursharan Singh (hereinafter referred to as "the complainant") made a complaint to Deputy Superintendent of Police, Vigilance Bureau, Patiala on 18.9.1997 claiming that he had purchased five Kisan Vikas Patras (KVPs) of the value of Rs 10.000/- each. He further claimed that he had to take loan from Gramin Bank against the security of one of the KVPs. The bank officials asked him to get the seal and signatures of the post office on the KVP to show its genuineness. On 17.9.1997, the complainant went to the Post Office, Chamkaur Sahib and met Rattan Singh, accused (hereinafter referred to as "the appellant") and handed over to him the KVP and the letter issued by the Bank. The appellant informed the complainant that he would take Rs 200/- as bribe for the job. After negotiations, the bribe money was settled at Rs 100/-. The appellant told the complainant that he had a talk with the concerned clerk, named Pal Khan, who was to put his signatures on the KVP. Since the complainant did not want to give bribe, he returned to his village on that day. There he talked with his friend, Balwinder Singh, his co-villager. Balwinder Singh advised the complainant not to give money to the appellant. They decided that the matter be brought to be notice of Vigilance Bureau. On 18.9.1997, the complainant along with Balwinder Singh reached the office of DSP and made a statement in this regard to him. The said statement was got signed from the complainant after reading over its contents and admission by the complainant of the correctness of the statement made therein. To the DSP, the complainant produced two currency notes of the denomination of Rs 50/- each. Sukhdev Singh, DSP then applied phenolphthalein powder on the said notes and noting down the number of the currency notes, returned them to the complainant with the direction to hand over the same to the appellant on demand. Sukhdev Singh, DSP arranged a glass of water and put washing soda in the same. The colour of the water did not change. Thereafter, phenolphthalein power was put in the said solution and the colour of water changed to light pink. Baldev Singh was directed to act as a shadow witness who was to give signal to the police party after the tainted money had been handed over to the appellant. On the statement of the complainant, FIR was registered by Inspector Sarup Singh. Naib Singh, an official from the office of Divisional Forest Officer, Ropar was joined as official witness with the police party. He was introduced to the complainant and the shadow witness. The raiding party started from Ropar and reached Chamkaur Sahib in a government Gypsy. Reaching the office of the appellant, the vehicle was parked near Gurdwara Sahib Ranjitgarh. The complainant and Balwinder Singh went to the office of the appellant while the other members of the raiding party waited near Gurdwara Sahib. After sometime, Balwinder Singh gave signal to the police party upon which raid was conducted.
(2.) The DSP reached the office and coming inside the same, he enquired from the complainant about the tainted currency notes. The complainant told him that the same were handed over to the appellant on his demand. Then Sukhdev Singh, DSP disclosed his identity to the appellant as well as Pal Khan. He asked the appellant and Pal Khan to raise their hands and not to shake their hands with any body. Vijay Kumar an employee of Sub Post Office was also associated in the proceedings at the spot. A glass of water was arranged and solution was prepared by mixing sodium carbonate in the same. Thereafter, the hands of the appellant, Rattan Singh were got washed in that glass. The colour of the water in the glass turned to light pink. The said solution was preserved in an empty nip which was sealed with seal bearing impression "SSA". The seal after use was handed over to Naib Singh (PW) and the sealed nip was taken into possession by way of a recovery memo. The DSP enquired from the appellant about the tainted currency notes. The appellant told him that he had kept the tainted money under a plastic box lying on his table. Rattan Singh then handed over the currency notes to the DSP, who had got compared the number of those currency notes with the numbers mentioned in the memo, from Naib Singh and Vijay Kumar Pws. Their numbers tallied with the numbers of the currency notes in the memo. The appellant had also handed over the record relating to the KVPs which was also taken into possession. Personal search of the appellant and his co-accused had been conducted. Rough site plan of the place of recovery was prepared. Statements of the witnesses were recorded. After receipt of the report of FSL, regarding the contents of the sealed nip and completion of other formalities of investigation, challan was prepared against the appellant and his co-accused.
(3.) A prima facie case was found against the appellant and his co- accused by learned Special Judge, Ropar for an offence punishable under section 7 and 13(2) of the Act and charge was accordingly framed to which they pleaded not guilty and claimed trial.;