- (1.) CHALLENGE in this appeal is the judgment and order dated 19/22.9.2003 passed by Sh. H.S. Bhangoo, Special Judge (I), Panchkula, vide which the accused -appellant was convicted under Section 7 and 13(i)(d) of the Prevention of Corruption Act (hereinafter to be referred to as 'the Corruption Act'), and sentenced to undergo imprisonment and fine as given below: - u/s 7 of Corruption Act One year rigorous imprisonment and fine of Rs.2,000/ - and in default of payment of fine to further undergo rigorous imprisonment for four months. u/s 13 (i) (d) Two years rigorous imprisonment of Corruption Act and fine of Rs.3,000/ - and in default of payment of fine to further undergo rigorous imprisonment for six months.
(2.) HOWEVER , both the sentences were ordered to run concurrently. The facts of the case, as enumerated from the record of the case are that FIR was registered on the written complaint of Partap Singh to the effect that his wife was suffering from cancer and was admitted in AIIMS Delhi without referring through CMO Jind. She was a Government school teacher. She applied for reimbursement of the bills of the treatment and applied for ex -post facto sanction through SMO Jind to Director Health Services, Panchkula. The said application was received in the office of Panchkula on 7.1.2002. The complainant alleged that on demand of the accused, who was the dealing clerk, he had paid a sum of Rs.200/ - on 7.1.2002. Then again in February 2002, when the complainant came to enquire about that case, accused again demanded Rs.200/ - which was also paid to him by the complainant. Thereafter the complainant visited the office again in March but on that date the Clerk was on leave. Then he again visited the office of Director Health services on 4.4.2002. Again the clerk demanded Rs.200/ - from him. So, Partap Singh filed a written complaint against the accused to SP Panchkula. The complainant was directed to meet ASP Panchkula and accordingly the complainant went to the office of ASP on the same day. SDM Panchkula was also present. The complainant narrated the facts to the said officers. Thereafter, the ASP constituted a raiding party. He also obtained two currency notes from the complainant. These notes were initialed by DSP and SDM and phenolphthalein powder was applied. The notes were handed over to the complainant with the direction to hand over the same to the accused on his demand. It was also explained to him that he would give a signal to the shadow witness Balwinder Singh by passing his hands over his head, after the gratification amount is paid to the accused. The shadow witness was to pass signal to the raiding party by raising his right hand. Thereafter, the raiding party reached near Gymkhana Club, Sector 6, Panchkula and from there the complainant and shadow witness were directed to proceed to the office of Director General Health. The raiding party also took its position. After some time, the signal was received by the shadow witness and he had passed the same to the raiding party. The raiding party reached the spot which was near the Mortuary (near the office of Director General Health). The accused was apprehended and two currency notes of denomination of Rs.100/ - were recovered from the front pocket of his shirt. These currency notes were the same which were given to the complainant and were carrying initials of ASP and SP. The said notes were taken into possession. Thereafter hands of accused and pocket of the shirt were washed with solution of sodium carbonate. The said sodium carbonate solution turned pink. The washed were collected in separate bottles and taken into possession.
(3.) THE shirt was also taken into possession by the police. A ruka was sent to the police station alongwith complainant. The accused was arrested. After completion of the investigation, challan was presented against the accused. Copies of documents were supplied to the accused free of costs, as provided under Section 207 Cr.P.C. Charge under Sections 7 and 13 (i) (d) of the Prevention of Corruption Act was framed against the accused, to which he pleaded not guilty and claimed trial. The prosecution, in order to bring home guilt of the accused, examined PW -1 Manohar Lal Constable, PW -2 Om Parkash Constable, PW -3 Vasdev Raheja, PW -4 Nasib Singh , PW -5 M.S. Yadav, SDM, PW -6 Partap Singh, PW -7 Constable Balwinder Singh, PW -8 Bharti Arora, ASP, PW -9 Rajiv Deswal SHO, PW -10 Sat Pal Singh ASI and closed the prosecution evidence. The accused was examined under Section 313 Cr.P.C. and all the incriminating evidence was put to him to which he denied and pleaded innocence. The accused was called upon to lead his defence evidence but he chosen not to lead any defence evidence.;