- (1.) THIS appeal has been preferred against judgment of conviction and order of sentence, both dated 5.3.2005 passed by the Special Judge, Amritsar, vide which accused Narinder Singh was acquitted whereas accused -appellant Bal Krishan Sharma was held guilty in case FIR No.68 dated 30.7.1998 registered at Police Station, Vigilance Bureau, Jalandhar under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988 (hereinafter mentioned as the Act) and was sentenced as under: JUDGEMENT_881_LAWS(P&H)5_20141.htm However, both the substantive sentences were ordered to run concurrently.
(2.) THE prosecution case, put in brief, is as under:
(3.) ON 30.7.1998, complainant Sukhwant Singh (hereinafter referred to as the complainant) approached DSP Ranvir Singh, Vigilance Bureau, Amritsar in his office and got recorded his statement that earlier he was working as an Ayurvedic practitioner but had stopped his practice in compliance with the order of the High Court. About two months ago, he had submitted an application to the District Food and Supply Controller, Amritsar for a Government Fair Price shop to be run in his village. On 27.7.1998, he was called in the office for issuance of the authority letter. Accused Bal Krishan Sharma who was working as an Inspector was sitting on the dealing seat and he issued the authority letter to the complainant but demanded Rs.1,000/ - as bribe for delivering the agreement to him. On bargaining, the bribe amount was settled at Rs.500/ - which was to be paid on 30.7.1998. The complainant produced five currency notes of the denomination of Rs.100/ - each to DSP Ranvir Singh who smeared the same with phenolphthalein powder (hereinafter mentioned as P. Powder). The demonstration of P. Powder was given to the complainant and a memo in this regard was prepared. Virsa Singh was joined as a shadow witness. As planned, said currency notes were to be handed over by the complainant to accused Bal Krishan Sharma on demand. Virsa Singh was to give a prefixed signal to the rest of the raiding party after the tainted currency notes were to exchange hands from the complainant to the accused on demand. Nishan Singh working as Treasurer in the District Treasury Office, Amritsar was joined in the raiding party as an independent witness. 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 after receiving signal from the shadow witness, the raiding party rushed inside the office where the complainant told the DSP that at the instance of the accused, the tainted currency notes were handed over to co -accused Narinder Singh who was also working as an Inspector there. The DSP (investigating officer) introduced himself to the accused. Hands of co -accused Narinder Singh were dipped into the solution of sodium carbonate. The colour of the solution had 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 back pocket of pants of co -accused Narinder Singh, details of which tallied with details of currency notes in the pre -trap memo. The said currency notes were taken in possession by the investigating officer. The pocket of pants of the accused was dipped in a solution of sodium carbonate whereupon the colour of the solution had turned pink. The said solution was put in a nip and was sealed. It was then taken in possession by the investigating police. Record was seized and sanction for prosecution of the accused was obtained. Statements of witnesses were recorded. Investigations were completed and on completion of investigations, report under Section 173 Cr.PC was finalised.;