- (1.) THE present appeal has been filed by the appellant against the judgment of conviction 13.04.2004 and order of sentence dated 15.04.2004, passed by learned Addl. Sessions Judge, Rohtak, whereby he was held guilty and convicted and sentenced to undergo rigorous imprisonment for a period of 2 years and to pay a fine of Rs. 15,000/ - and in default of payment of fine, to further undergo rigorous imprisonment for a period of six months under Section 7/13 of the Prevention of Corruption Act, 1988.
(2.) THE brief facts of the prosecution case are that Dr.Naresh Kumar, the then Tehsildar, Rohtak was deputed in Flying Squad to check the copying in the examination. At about 5.00 P.M., Dharambir came to him and told that accused Manjit Singh, Deputy Superintendent of examination centre at S.D.Girls High School was demanding Rs. 10,000/ - to help the students of Saini High School in copying in the Maths paper. On receiving the application Ex.PA from Dharambir, Dr.Naresh Kumar talked to Deputy Commissioner, Rohtak on telephone and D.C. informed him to chalk out a plan and to go to the spot. He also informed that Deputy Superintendent of Police was being sent at the spot. Dharambir produced a bundle of currency notes of Rs. 10,000/ - comprising each note of denomination of Rs. 100/ -. After putting his initials, he returned that bundle to Dharambir and directed to give the same to the accused. Rambhaj was deputed as shadow witness. Dharambir was directed to give the signal after handing over the currency notes to the accused. Shadow witness was directed to give further signal. At about 5.30 P.M., they reached at S.D.Girls High School, Rohtak. Dharambir handed over the currency notes to Manjit Singh and gave signal to shadow witness, who further gave signal to raiding party. Accused was searched in the presence of Om Parkash, Superintendent of Centre, Sushila Rani, teacher and Sarita Kumari, teacher. The bundle of currency notes comprising Rs. 10,000/ - was taken out of his pocket which was bearing the signatures of Naresh Kumar. Memo Ex.PB was prepared about the search. Thereafter, DSP Tika Ram reached the spot. The accused as well as the currency notes were handed over to him. He took the currency notes into his possession vide memo Ex.PK. Naresh Kumar also moved an application Ex.PJ before DSP Tika Ram. He made his endorsement and sent to the police station for registration of a case, on the basis of which formal FIR Ex.PJ/1 was registered. Rough site plan was prepared. Statements of witnesses were recorded. Accused was arrested. After necessary investigation, challan was presented against accused -appellant Manjit Singh.
(3.) ON presentation of challan against accused -appellant, copies of challan and other documents were supplied to him under Section 207 Cr.P.C. Finding prima facie case, the accused -appellant was charge -sheeted under Sections 7/13 of Prevention of Corruption Act, 1988, to which he pleaded not guilty and claimed trial. In support of its case, prosecution examined PW -1 Dharambir, complainant, who has deposed as per prosecution version but in his statement, he stated that a person, who introduced himself as Manjit Singh, demanded Rs. 10,000/ -. In the chief examination, he also stated that the accused present in the Court and other person who demanded Rs. 10,000/ - from him, came outside the hall but near the door. He gave Rs. 10,000/ - to that person, who introduced himself as Manjit Singh and not to accused present in the Court on that day. This witness has been declared hostile. PW -2 Rambhaj, shadow witness, also turned hostile. He stated in chief examination that no money was given in his presence nor any recovery was effected from the accused present in the Court. PW -3 Sushila stated the money was lying on the table and it was told that same was recovered from the accused. This witness also turned hostile and has not supported the prosecution version. PW -4 Sarita also deposed that nothing was recovered from accused in her presence. She was also declared hostile. PW -5 Om Parkash, Head Master in chief -examination stated that nothing was recovered in his presence. PW -6 Dr.Naresh Kumar, Naib Tehsildar mainly deposed as per prosecution version but there are some improvements in his statement. PW -7 ASI Rajender Singh mainly deposed regarding recording of formal FIR after receiving ruqa. PW -8 Anil Kumar, Superintendent proved the certificate Ex.PL about the posting of Manjit Singh. PW -9 Constable Sumit Kumar deposed regarding preparing of scaled site plan Ex.PM. PW -10 Inspector Ram Chander deposed that he was accompanying DSP Tika Ram on that day. PW -11 Mrs.Surena Rajan, Project Manager mainly deposed regarding sanction order Ex.PN. PW -12 Sh.Tika Ram, DSP is the investigating officer, who deposed regarding investigation conducted by him in the present case.;