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.3,000/ - for the offence under Section 7 of the Act respectively, in default of payment of fine, the appellant having been ordered to undergo further RI for a period of six months, Baljinder Singh, the then Reader to SDM, Ferozepur, 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 Reader to SDM, Ferozepur. Complainant Milkha Singh (PW4) was a land owner of village Gillanwala (Tehsil and District Ferozepur). Rupinder Kumar, his previous commission agent obtaining his thumb impressions allegedly by fraud, had got his land transferred in his favour by orders of the Court and had even further sold the same to one Smt. Ajit Kaur even though proceedings under Section 145 Cr.P.C. qua the land were continuing. In respect of this transfer, mutation case was pending before the SDM, Ferozepur. Vide order dated 22.8.2001, order was pronounced by SDM, Ferozepur whereby he had refused to sanction the mutation. As this order was beneficial to him, the complainant needed a copy of that order. He had moved an application for the same on 10.10.2001 through his counsel. Date of delivery, in the receipt obtained by his counsel, was given as 19.10.2001. Despite making many rounds for obtaining copy, Copying Clerk had informed him that the file was with the accused and consequently the complainant started meeting the accused who had been putting off the matter on one pretext or the other. On 4.12.2001, he again met the accused in his office requesting him to send the file to the Copying Clerk so that he could obtain copy of order dated 22.8.2001. The accused made him clear that there was no fun of his coming to him again and again and if he wanted, the file to be sent to the Copying Clerk at an early date, he was required to pay Rs.1,000/ - as bribe. On his request, reducing the demanded amount to Rs.500/ -, he asked him to bring the demanded bribe amount at any time in the afternoon on 5.12.2001 in his office to enable him to send the case file to the Copying Clerk. 2.2 The complainant was not interested to pay him the bribe amount. He met Sucha Singh PW5 of his village and in consultation with him, he decided to report the matter to the vigilance department. Thereafter, both of them approached the Vigilance Bureau, Ferozepur where DSP Raminder Singh, Vigilance Bureau, Moga (PW7) met them. The complainant made his statement Ex.P9 containing necessary details and produced five currency notes of denomination of Rs.100/ - each. Noting down numbers of the currency notes, a pre -trap memo was prepared. Earlier, the said currency notes were treated with phenolphthalein powder (P Powder) by the Investigating Officer, whereafter the said currency notes were handed over to the complainant with a direction to be given to the accused on demand as bribe. The complainant and the shadow witness were given demonstration by the Investigating Officer as to how solution of sodium carbonate would become pink after coming in contact with the P Powder. Making endorsement (Ex.P1/A) on the statement, the same was sent to the police station on the basis of which formal FIR (Ex.P1/B) was registered. As per plan, the complainant and the shadow witness were to go to the accused first of all and after the tainted currency notes were to be given to the accused on demand as bribe by the complainant, rest of the raiding party was to join them. 2.3 On seeing the complainant when he was the shadow witness, the accused asked the complainant if he had brought the bribe amount of Rs.500/ - as per his promise. Answering it in the affirmative, the complainant had paid him the tainted currency notes. Assuring him that he would send the file thereafter to the Copying Clerk, taking the currency notes from the complainant, he had put those currency notes in the pocket of his shirt below his pullover. Relevant file was also retrieved from his almirah and the accused had then shown him the order dated 22.8.2001 of the SDM which was lying therein. 2.4 The shadow witness gave a pre -determined signal upon which the Investigating Officer accompanying the other members of the raiding party had reached there. Thereafter, preparing solution of sodium carbonate, hands of the accused were dipped therein, whereupon colour of solution had turned pink. The said solution was shifted to a 'nip' which was duly sealed and then was taken into possession vide memo (Ex.P6). Thereafter, in personal search of the accused, five currency notes of Rs.100/ - were recovered from front pocket of his shirt. On comparison, number of those currency notes tallied with the details of the pre -trap memo. Shirt of the accused was also removed which when dipped in the solution of sodium carbonate, had changed its colour to pink. This solution was also put in a separate 'nip' which was also duly sealed and then was taken into possession vide memo (Ex.P7). The accused had also produced case file pertaining to mutation of the land which was then taken into possession vide memo (Ex.P8). Regarding search of office of the accused memo (Ex.P10) was prepared. The accused was arrested, spot investigations were conducted, site plan was prepared and 'nips' were later sent to the Forensic Science Laboratory for analysis. On receipt of report of the said laboratory (Ex.P13) and obtaining sanction to prosecute the accused from the competent authority and completing the other necessary investigations, report under Section 173 Cr.P.C. was filed against the accused. Charge under Section 7 as also under Section 13(2) of the Act was framed against the accused, which he contested and claimed trial.
(3.) TO substantiate the charge against the accused, the prosecution had examined as many as eight witnesses in addition to production of documentary evidence.;