SABINA, J. - (1.) APPELLANT has preferred this appeal challenging his conviction and sentence for commission of offence punishable under Sections 7 and 13 (2) of the Prevention of Corruption Act, 1988 (for short 'the Act') as ordered by the Special Judge vide judgment/ order dated 3.11.2004/ 4.11.2004 in FIR No.68 dated 10.9.1998 registered at Police Station Vigilance Bureau, Ferozepur. Prosecution story, in brief, is that complainant Gurdev Singh had approached the appellant for grant of dis -ability certificate as right leg of the complainant was polio effected. Appellant, however, demanded Rs. 5,000/ - from the complainant for doing the needful. The deal was settled at Rs. 4,000/ -. Complainant met Deputy Superintendent of Police, Babu Singh on 10.9.1998. Statement of the complainant was recorded. Complainant handed over 4 currency notes in the denomination of Rs. 500/ -each and 20 currency notes in the denomination of Rs. 100/ -each to the Deputy Superintendent of Police, who, in turn, returned the same to the complainant after application of Phenol Phthalein Powder (P -Powder for short). Complainant was directed to hand over the tainted currency notes to the appellant on demand. Bhagwan Dass was deputed to act as a shadow witness and was directed to hear the conversation between the complainant and the appellant and give a signal to the raiding party after the bribe money was accepted by the appellant on demand. The said witnesses were shown the demonstration of the working of the P -Powder. Baldev Singh was joined as an official witness. Thereafter, the raiding party reached the spot. Complainant and the shadow witness went inside the office of the appellant. Remaining raiding party, however, stayed behind. Complainant handed over the tainted currency notes to the appellant on demand and he kept the same in the left pocket of his pant. On receipt of signal from the shadow witness, the remaining raiding party reached the spot. When the fingers of the appellant were dipped in a solution of sodium carbonate, the colour of the solution turned pink. The said solution was put in a nip and was made into a sealed parcel and was taken in police possession. The tainted currency notes were recovered from the left pant pocket of the appellant. The numbers of the tainted currency notes were tallied with the numbers noted down in the memo and were taken in possession. When the left pant pocket of the appellant was dipped in a solution of sodium carbonate, the colour of the solution turned pink. The said solution was also put in a nip and was made into a sealed parcel and was taken in police possession.
(2.) AFTER completion of investigation and necessary formalities, challan was presented against the appellant. Charge was framed against the appellant for commission of offence punishable under Sections 7 and 13 (2) of the Act. Prosecution, in order to prove its case, examined eleven witnesses. Appellant, when examined under Section 313 of the Code of Criminal Procedure, 1973 after the close of prosecution evidence, pleaded as under: - "I am innocent. It is a false case . DSP Babu Singh has fabricated this case in connivance with Gurdev Singh. Babu singh DSP was inimical to me be because his wife Balwinder Kaur was posted as a teacher in Govt. Primary school Godewala and for her medical leave, DSP Babu Singh approached me for obtaining medical certificate of his wife w.e.f. 20.1.1998 to 6.2.1998, Relevant entry was made in the OPD register on 5.2.1998, Babu singh DSP again came to me to obtain medical certificate for his wife and at that time Krishan Kumar Advocate was sitting. I refused to issue the medical certificate because her wife was not suffering from any illness. Babu Singh DSP threatened me and said to have to face consequence for it. Babu Singh DSP is follower of Sant Rania Wale and Gurdev Singh was also follower of said Sant and they are Gur Bhai. In order to take revenge from me and with the assistance of Gurdev Singh and Bhagwan Singh Pws implicated me in this false case. On the day of occurrence I was sitting in my room alongwith Dr.Sukhmander Singh and other patients were also present there when Gurdev Singh PW entered into my room and placed currency notes on the table and prior to that he shacked hand with me and when the police party entered into my room. Gurdev Singh PW picked up the notes and tried to thrust the same into my pocket I resisted and threw the currency notes on the table and from where the police took these notes . In these circumstances, the case has come into existence. I applied to the Chief Director -cum D.I.G. Vigilance Bureau. Punjab. Chandigarh for re - investigating the case and on my application. Shri Bhushan Kumar Garg S.P. Vigilance Range. Ludhiana verified the investigation and found me innocent and my version stated above was found correct by him. After verifying the investigation. Shri Bhushan Kumar Garg reported to the Chief Director -cum D.I.G. Vigilance Bureau, Chandigarh, who directed Vigilance Bureau. Ferozepur to submit cancellation report. Eventually cancellation report was submitted in the court by DSP Baljeet Singh. The proper procedure for obtaining handicap certificate is that desirous person submit his application in the office of the C.M.O. and the clerk of the office of the C.M.O. mark the number on the file, prepared by him. The file is again marked by Civil Surgeon to the Board of two doctors according to type of disability of the patient. Then the file is sent to the Board of doctors, who prepare the report of the handicap person. Then the handicap person is checked by Assistant Civil surgeon and if he found to be correct, then he sign the same. Then the certificate is sent to the Civil surgeon and he again check the handicap person and if he found correct, he sign the same. Only then the certificate is issued after paying the Govt.fee."
(3.) APPELLANT examined ten witnesses in his defence. Learned senior counsel for the appellant has submitted that the appellant has been falsely involved in this case. Prosecution had miserably failed to prove its case. Complainant, while appearing in the witness box as PW -2, had not deposed with regard to the factum of demand of bribe from him by the appellant. Shadow witness had not supported the prosecution case. As per the official witness, the tainted currency notes were lying on the table of the appellant. In fact, the appellant had been falsely involved in this case at the instance of DSP Babu Singh as the complainant had refused to extend the medical certificate issued by him (appellant) to the wife of DSP Babu Singh, which would have entitled her to continue on medical leave. Appellant was found innocent during investigation and cancellation report was submitted. However, the Special Judge did not agree with the said report and took cognizance of the matter.;