- (1.) The present appeal is directed against the judgment and order dated 22/23.02.2006 (hereinafter referred to as 'impugned judgment') passed by the learned Judge, Special Court, Kaithal (hereinafter referred to as 'trial Court'), whereby, he has been convicted for the commission of offence punishable under Section 7 of the Prevention of Corruption Act, 1988 (for short as the 'Act') and sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. 2,500/- and in default of payment of fine, to further undergo imprisonment for a period of one month. Brief facts of the case in hand, as recorded in the opening para of the impugned judgment, are reproduced as under:- "Briefly stated, the facts of the prosecution case are that on 15.9.2003, when Inspector Ram Kumar was present in State Vigilance Bureau (SVB) Unit Kaithal then complainant Ram Pal son of Jasmer Singh caste Jat resident of village Kallar Majra came to his office and gave an application in writing to the effect that he was resident of village Kallar Majra and was agriculturist. He has pleaded that on Rajbaha passed by the side of his fields and there was leakage of canal water in his fields and in this regard, S.D.O. Irrigation had inspected the spot about 20-25 days ago and after the inspector, S.D.O. Gave wire and after sometime, Ramesh Kumar accused Patwari came and told him that a case of theft of canal water would be got registered against the complainant and he would also pay the fine in this regard and then the accused demanded a sum of Rs. 800/- from him for correction of canal girdawari, as bribe. He has reported that he was not willing to pay the said amount and he opted to get him apprehended red handed. The complainant has prayed for initiation of proceedings against the said Patwari. On the basis of said complaint, a case under Section 7 of the Prevention of Corruption Act, 1988 (hereinafter referred to as Act) was got registered by sending constable Karam Singh to S.V.B. Ambala and thereafter, a raiding party was prepared, which consisted of the said Inspector Ram Kumar, Head Constable Ram Kumar, Constable Jai Kishan, constable Narinder Kumar and complainant Rampal and thereafter, they went to the office of the Deputy Commissioner Kaithal and on the request of Inspector Ram Kumar, Deputy Commissioner Kaithal appointed Sh. Pankaj Yadav, IAS, SDM Guhla to join the raiding party and thereafter, 8 currency notes of the denomination of Rs. 100/- each bearing Nos. 7HG-258076, 8 CW-366820, 5 MC-804172, 9 SR-830284, 5FE-901953, 2LB-183021, 2QL-798618, 8 DS-539766 were taken from the complainant by Inspector Ram Kumar and the same were handed over to SDM Sh. Pankaj Yadav by the Inspector. List of currency notes was prepared and thereafter, SDM affixed his initials on the currency notes and the same were smeared with phenol phathalein powder and were handed over to the complainant as per law with the direction to hand over the said currency notes on demand to Ramesh Kumar Patwari and to give signal to Head Constable Ram Kumar shadow witness. Thereafter, the raiding party reached near the office of S.D.O. Irrigation Department Cheeka and as per directions, the complainant Ram Pal and shadow witness Head Constable Ram Kumar went in the said office. Thereafter, after sometime, on receipt of signal from Head Constable Ram Kumar shadow witness, the raiding party entered the office of SDO Irrigation and apprehended accused Ramesh Kumar Patwari, who was sitting on his chair in the room. Thereafter, Inspector Ram Kumar and Sh. Pankaj Yadav, SDM disclosed their identity and the accused also disclosed his name as Ramesh Kumar Canal Patwari Cheeka son of Rh. Rati Ram caste Brahmin residing of Ward No. 1 Cheeka. Thereafter, on checking, Rs. 800/- were recovered from the right pocket of his pant worn by him. Upon tallying the said currency notes, the same were found to be the same notes, which were produced by the complainant to the Inspector. Thereafter, the solution of Sodium Carbonate was prepared and when both the hands of accused Ramesh Kumar were got washed, then the said hand wash turned pinkish, which was put in a nip and was sealed. Thereafter, the pocket of the pand of the accused was also got washed in the solution of sodium carbonate and the said pocket was also turned pinkish, which was also put in a separate nip. Thereafter, the currency notes were also got washed in the solution of sodium carbonate and the said currency notes wash also turned pinkish and the same was also put in separate nip and currency notes were sealed with seal bearing impression JS and were taken into police custody vide recovery memo, which was signed by the witnesses. Statements of the witnesses were recorded. Site plan of the place of occurrence was prepared and accused was formally arrested. Seal after use was handed over to Sh. Pankaj Yadav, SDM Guhla. ......"
(2.) Upon completion of the investigation, final report under Section 173 Cr.P.C. was prepared and presented before the trial Court. The accused was charge-sheeted for the commission of offence under Sections 7 and 13(1)(d) read with Section 13(2) of the Act, to which, he pleaded not guilty and claimed trial.
(3.) In order to substantiate its case against the accused, the prosecution examined as many as nine following witnesses:- Inspector Gurdeep Singh as PW 1; ASI Raj Kumar as PW 2; Lakshman Singh draftsman as PW 3; Sh. Pankaj Yadav, Addl. Deputy Commissioner, Kaithal, as PW 4; Mahabir Singh as PW 5; Constable Ramesh Chand as PW 6; Satish Kumar, Steno to Executive Engineer as PW 7; Girdhari Lal Ziledar as PW 8; Ram Pal son of Jasmer Singh, the complainant as PW 9; Head Constable Ram Kumar, shadow witness as PW 10; Sh. J.S. Cheema, Superintending Engineer, Bakhra Water Services Circle Kaithal as PW 11; and Inspector Ram Kumar, the Investigating Officer of the case, as PW 12.;