- (1.) THIS appeal is preferred against the judgment of conviction and order of sentence, both dated 12.4.2003 passed by the Special Judge, Patiala, vide which accused -appellant Tehal Singh (hereinafter mentioned as the accused) was held guilty in case FIR No.25 dated 13.7.2000 registered at Police Station, Vigilance Bureau, Patiala under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988 (hereinafter mentioned as the Act) and was sentenced to undergo Rigorous Imprisonment for two years and was to pay a fine of Rs.4,000/ - under Section 7 of the Act.
(2.) THE prosecution case, put in brief, is as under:
(3.) THE accused was posted as Patwari at Nabha. Harpal Singh (hereinafter mentioned as the complainant) is an agriculturist. He wanted to keep records of his land holdings and thus, required copy of Jamabandi. For this purpose, he contacted the accused on 12.7.2000. The accused demanded Rs.1,000/ - as bribe from the complainant to supply him a copy of Jamabandi. The matter was settled at Rs.500/ -. The complainant was not interested to pay the amount. The complainant taking one Balbir Singh alongwith him, went to report the matter to the Vigilance Department on 13.7.2000. On the statement of the complainant, a formal FIR was registered. DSP (Vigilance) planned a raid. The complainant gave 5 currency notes of Rs.100/ - each to the investigating officer who returned the same to the complainant after treating those with phenolphthalein powder (hereinafter mentioned as P. Powder). The demonstration of P. Powder was given to the complainant and Balbir Singh and a memo in this regard was prepared. As planned, said currency notes were to be handed over by the complainant to the accused on demand. Balbir Singh was to act as a shadow witness. He was to give a prefixed signal to the raiding party after the tainted currency notes were to exchange hands from the complainant to the accused on demand. Dr. Urvinderpal Singh, Medical Officer and Prem Kumar, Junior Assistant were joined in the raiding party. Only the complainant and shadow witness were to go to the accused at first instance and rest of the members of the raiding party were to wait for receipt of the stated signal by the shadow witness. As per planning, the complainant and shadow witness went to the office of the accused. Remaining raiding party stayed behind. Its members were standing, scattered at different nearby locations to avoid crowding. It is further the case of the prosecution that on demand, the tainted currency notes were handed over to the accused, who then gave copy of Jamabandi to the complainant. The accused kept the tainted currency notes in the right pocket of his Kurta. Pre -determined signal was given by the shadow witness to the investigating officer. Receiving signal from the shadow witness, the investigating officer reached the office of the accused alongwith other members of the party. The DSP (investigating officer) introduced himself to the accused. Hands of the accused were dipped into the solution of sodium carbonate prepared in a glass of water. The colour of the solution turned pink. The said solution was put in a nip which then was sealed and was taken in possession by the police. Five currency notes were recovered from the pocket of Kurta of the accused, details of which tallied with details of currency notes in the memo prepared. The said currency notes were taken in possession by the investigating officer. Pocket of Kurta of the accused was dipped in a solution of sodium carbonate whereupon the colour of the solution turned pink. The said solution was put in a nip and was sealed. It was then taken in possession with investigating police. Register of Jamabandi was also taken in possession. Statements of witnesses were recorded. Investigations were completed and on completion of investigations, report under Section 173 Cr.PC was finalised.;