SABINA, J. - (1.) APPELLANT had faced trial in FIR No. 17 dated 17.5.2002 under Section 7 read with Section 13 of Prevention of Corruption Act, 1988 ('Act' for short), registered at Police Station SVB (H), Gurgaon.
(2.) PROSECUTION story, in brief, is that appellant was working as a Clerk in Government High School, Sector -7, Faridabad. Secondary examination was to be held in the school in question. Complainant Maharaj Singh was to appear in the examination on 17.5.2002 which was to be held from 2.00 P.M. to 5.00 P.M. Appellant demanded Rs. 2000/ - from the complainant to help him in his exam. Complainant approached the Vigilance authorities. Inspector Raghbir Singh (hereinafter referred as 'Inspector') took the written complaint of the complainant. Complainant handed over 20 currency notes in the denomination of Rs. 100/ - each to the Inspector, who returned the same to the complainant after application of phenolphthalein powder ('P -Powder' for short). Complainant was directed to hand over the said currency notes to the appellant on demand. Ram Kumar, Naib Tehsildar and Head Constable Devender Singh were joined as witnesses. Pankaj Kumar was directed to act as a shadow witness and was instructed to give a signal to the raiding party after the bribe money was accepted by the appellant on demand. Thereafter, the raiding party left for the raid. Complainant handed over the tainted currency notes to the appellant on demand. On receipt of signal from the shadow witness, the raiding party reached the spot and appellant was caught red handed with the bribe money. When the fingers of the appellant were dipped in a solution of sodium carbonate, colour of the solution turned pink. The said solution was put in two nips and were made into sealed parcels and were taken in possession. The tainted currency notes were also taken in possession. After completion of investigation and necessary formalities, challan was presented against the appellant. Charge was framed against the appellant under Section 7 read with Section 13 of the Act. In order to prove its case, prosecution examined 10 witnesses during trial.
(3.) APPELLANT when examined under Section 313 of the Code of Criminal Procedure, 1973 ('Cr.P.C.' for short), after the close of prosecution evidence, prayed as under: - "I am innocent. I have been falsely implicated in this case. I never demanded any money from anyone in the shape of illegal gratification nor accepted the same at any point of time. No recovery of the tainted currency notes was effected from me. I was lifted from the school and was involved in this case merely on suspicion. I have had no concern with the affairs of the examination conducted by the board. There were staff from the outside in the said examination who were managing the affairs of the said examination." ;