BHARAT BHUSHAN PARSOON, J. - (1.) HAVING been convicted for commission of the offence under Section 7 of the Prevention of Corruption Act, 1988 (hereinafter called the Act) and thereafter having been sentenced to undergo RI for a period of three years with payment of fine of Rs.1,000/ - for the offence under Section 7 of the Act and in default of payment of fine, was furthered ordered to undergo further RI for a period of two months, Vijay Kumar appellant is now in appeal.
(2.) THE prosecution case put in a narrow compass is reproduced as below. 2.1 The appellant -convict (hereinafter mentioned as the accused) was posted as a Constable in the Excise Department at Lohian. Complainant Joga Singh had two brothers, elder to him, whose names are Karnail Singh and Jarnail Singh. Accused had registered two excise cases against his brothers. Two days earlier to registration of the case, i.e., on 14.3.2004, the accused had come to the house of the complainant and had told him that since he was dealing in sale of illicit liquor, a case was to be registered against him. His signatures on two blank papers had been obtained. 2.2 Next day i.e., on 15.3.2014, the complainant went to the accused and asked him for return of the said two blank papers with his signatures but the accused refused to return the same unless he was paid Rs.1500/ - as illegal gratification for return of those papers. The accused settled the bargain for Rs.1,000/ - as bribe from the complainant. The accused had agreed to meet the complainant at court complex, Nakodar on 16.3.2014. The complainant did not want to pay the bribe amount and thus had contacted Rajwant Kumar DSP, Vigilance Bureau, Kapurthala with Rs.1,000/ -, i.e., one currency note of Rs.500/ - and five currency notes of Rs.100/ - each. Statement (Ex.PA) was made by the complainant Joga Singh, whereupon endorsement (Ex.PA/1) was made and the FIR was registered against the accused. 2.3 A trap was planned, raiding party was organized; currency notes handed over by the complainant were treated with Phenolphthalein powder (hereinafter mentioned as the P Powder) and were given back to the complainant to be handed over to the accused on demand. One Sohan Singh was given the role of a shadow witness instructing him to go to the accused with the complainant and was to over -hear the conversation between them and on passing on of the currency notes from the complainant to the accused, was to give a pre -determined signal to the DSP to enable them to go to the accused. DSP had also Balwinder Singh ADO and Rajinder Pal Clerk as witnesses of the prosecution. As planned, trap was laid. On receipt of the desired signal from the shadow witness, other members of the party had also reached there. The Investigating Officer had caught hold of the accused red handed while accepting tainted currency notes (Ex.P2 to P7). Recovery was made from the pocket of shirt of the accused. When hands of the accused were dipped in solution of sodium carbonate, colour of the solution had turned pink. Transferring such solution in 'nip' and after duly sealing the same, it was taken into possession by the police. Two blank papers with signatures of the complainant were recovered vide memo (Ex.PG). Currency notes were recovered from the possession of the pocket of the shirt of the accused. When dipped in solution of sodium carbonate, the pocket of the shirt had also turned pink. This solution was also transferred to a separate 'nip' which was duly sealed and taken into possession vide memo (Ex.PE). The acccused was arrested, spot investigations were completed. Later, both the nips were sent to FSL for analysis. After completion of investigations, report under Section 173 Cr.P.C. was furnished. The accused faced trial for commission of the offence under Sections 7 and 13(2) of the Act vide charge dated 9.2.2004 against him.
(3.) THE prosecution in addition to production of documentary evidence, also examined as many as 9 witnesses to substantiate the charge against the accused. Consistent stand of the accused was that he has been falsely implicated in the case. One Ruldu Ram was examined as DW1 who was tea vendor at court complex at Nakodar, who deposed that no raid was conducted and the accused was hauled up wrongly and was involved in a false and fabricated case.;