- (1.) Appellant had faced trial in FIR No. 4 dated 27.7.2000 under Section 7 read with Section 13(2) of Prevention of Corruption Act, 1988 ('Act' for short), registered at Police Station Vigilance Bureau, Ludhiana. Prosecution story, in brief, is that complainant Amarjit Singh along with his friends, was sitting in the shop of his friend on 25.7.2000. While they were consuming liquor, appellant along with 2-3 police officials came in a car and started giving beatings to them. Appellant asserted that complainant and his friends by consuming liquor in the shop, were creating nuisance. Complainant was taken by the appellant in his car. The car of the complainant was driven by his driver to the police post. Appellant abused and threatened the complainant. Complainant was got medically examined. Appellant assured the complainant that he would set him free in case he (complainant) paid him Rs. 5,000/-. Complainant asserted that he did not have any money with him.
(2.) Thereafter, appellant released the complainant and took the phone number of the complainant. Thereafter, complainant came back to his house in his car. On 27.7.2000, complainant received a phone call from the police post that he should appear there. Appellant demanded Rs. 5,000/- as bribe money from the complainant. Complainant approached Harjap Singh, Deputy Superintendent of Police (hereinafter referred as 'DSP') and a raid was organized. Complainant handed over 10 currency notes in the denomination of Rs. 500/- each to the DSP, who returned the same to the complainant, after application of phenolphthalein powder ('PPowder' for short). Gurmeet Singh was appointed as a shadow witness and was instructed to accompany the complainant and give a signal to the raiding party after the bribe money was accepted by the appellant on demand. Demonstration qua working of P-Powder was shown to the witnesses by the DSP. Dr. Tarakjot Singh and Parshotam Singh were joined as official witnesses. Thereafter, the raiding party left for the raid. Complainant and the shadow witness went inside the office of the appellant. Complainant told the appellant that he had brought the money as desired by him. Appellant told the complainant to hand over the money to Madan Lal, who was present there. Complainant handed over the tainted currency notes to the appellant who further gave the same to Madan Lal and he kept the same in the left pocket of his pant. On receipt of signal from the shadow witness, DSP along with the remaining members of the raiding party reached the spot. 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 a nip and was made into sealed parcel and was taken in possession. When the fingers of Madan Lal were dipped in a solution of sodium carbonate, colour of the solution turned pink. The said solution was put in a nip and was made into sealed parcel and was taken in possession. The tainted currency notes were recovered from Madan Lal. When the left pant pocket of Madan Lal was dipped in a solution of sodium carbonate, colour of the solution turned pink. The said solution was put in a nip and was made into sealed parcel and was taken in possession. After completion of investigation and necessary formalities, challan was presented against the appellant. So far as Madan Lal is concerned, he was discharged by the Trial Court. Charge was framed against the appellant under Section 7 read with Section 13(2) of the Act.
(3.) In order to prove its case, prosecution examined 11 witnesses during trial. Appellant when examined under Section 313 of the Code of Criminal Procedure, 1973, after the close of prosecution evidence, prayed as under:- "I am innocent. I have been falsely implicated in this case by the complainant in connivance with vigilance officials. Complainant was annoyed with me as I had arrested him in a case under Section 290/510 IPC for the offence of creating nuisance and obstructing traffic in a drunkard condition at unmanned railway crossing situated on Dhuri Railway line Ludhiana. IO of this case is thick with the complainant. I had left for patrolling in the morning of 27.7.2k from police post Morado for patrolling and I did not come back to Pp Marodo throughout the remaining time of 27.7.2k. I was never arrested by the vigilance officials in this case. I was acquitted by the court at Mohali in a false case lodged against me under Section 224 IPC. I am innocent.";