- (1.) Details of the appeal This appeal is preferred against judgment of conviction dated 22.12.2004 and order of sentence dated 24.12.2004 passed by the Special Judge, Rohtak, vide which accused-appellant Ramdhari (hereinafter referred to as the accused) was held guilty in case FIR No.24 dated 24.5.2002 registered at Police Station, State Vigilance Bureau (Haryana) Rohtak under Sections 7 and 13 of the Prevention of Corruption Act, 1988 (hereinafter mentioned as the Act) and was sentenced as under: JUDGEMENT_992_LAWS(P&H)5_2014_1.html
(2.) The prosecution case, put in brief, is as under: 2.1 Phool Kumar (hereinafter mentioned as the complainant) presented an application to the DSP, State Vigilance Bureau (Haryana), Rohtak mentioning therein that his wife Smt. Kanta Devi had applied for taking loan for purchase of two buffaloes from Haryana Harijan Kalyan Nigam, Rohtak (hereinafter referred to as the Nigam) and that loan was sanctioned on 12.12.2001 from State Bank of Patiala, Hassangarh Branch but the accused who was working as Field Officer was not releasing the loan amount as he was demanding Rs.500/- as bribe. 2.2 On the basis of the aforesaid application, FIR was registered against the accused on 24.5.2002 under Section 7 read with Section 13 of the Act. A raid was planned. Permission was sought from the Deputy Commissioner to associate a Gazetted Officer in the raid. The Tehsildar as Duty Magistrate was permitted to join the raid. The complainant gave 5 currency notes of Rs.100/- each to the investigating officer who returned the same to the complainant after treating those with phenolphthalein powder (hereinafter mentioned as P. Powder). The demonstration of P. Powder was given to the complainant and to Subhash Chander Constable, who was assigned the role of a shadow witness. He was instructed to give the signal after passing over the tainted currency notes from the complainant to the accused on demand. HC Kartar Singh and Constable Suresh Kumar were also joined in the raiding party. As per planning, the complainant and shadow witness went to the office of the accused. Remaining raiding party stayed behind in the street in front of the office of the accused. 2.3 It is further the case of the prosecution that on receipt of signal from the shadow witness, the accused was raided by the rest of the trap party and was found with the tainted currency notes in his hand. The said currency notes were compared by the Tehsildar with details in the pre-trap memo and were taken into possession vide a separate memo. The tainted currency notes were found to be the same as were listed in the pre-trap memo. When these were washed in sodium carbonate solution, the same had turned pink; the said solution was put into a separate nip. The hand-wash of the accused as also of the complainant was also taken in separate sodium carbonate solutions which had also turned pink and were also put in separate nips. Statements of witnesses were recorded. Investigations were completed and on completion of investigations, report under Section 173 Cr.PC was finalised. Charge against the accused
(3.) On being charge-sheeted for commission of the offences under Sections 7 read with Section 13 of the Act vide order dated 23.12.2002, the accused pleaded not guilty and claimed trial. Evidence of the accused;