- (1.) DETAILS of the appeal This appeal has been preferred against judgment of conviction and order of sentence, both dated 1.12.2006 passed by Special Judge, Narnaul, vide which accused -appellant Om Parkash (hereinafter referred to as the accused) was held guilty in case FIR No.34 dated 6.11.2004 registered at Police Station, State Vigilance Bureau (Haryana), Gurgaon under Section 7 read with Section 13 of the Prevention of Corruption Act, 1988 (hereinafter mentioned as the Act) and was sentenced as under: JUDGEMENT_882_LAWS(P&H)5_2014.htm Prosecution case
(2.) THE prosecution case, put in brief, is as under: 2.1 Balwan Singh (hereinafter mentioned as the complainant) is an agriculturist. His father had transferred agricultural land in his favour and his brother. His elder brother had further exchanged the land falling to his share with the complainant, his brothers Lakhi and Phool Chand. In order to get the mutation of that transferred as well as exchanged land, the complainant visited the accused in his office several times. The accused demanded Rs.2,000/ - as bribe from the complainant to get sanctioned the mutation. 2.2 The complainant instead of paying illegal gratification to the accused, moved a written complaint to Dharam Chand Inspector of the State Vigilance Bureau (hereinafter mentioned as the SVB), Narnaul on the basis of which formal FIR was registered on 6.11.2004. Dharam Chand Inspector moved an application before the SDM, Narnaul to depute some officer to be associated in the raid whereupon the SDM deputed Deepak Yadav, B.D.& P.O. Narnaul to join the investigations. The complainant handed over the currency notes of Rs.2,000/ - in the denomination of Rs.500/ - each to Dharam Chand Inspector 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 Hoshiar Singh, who was made a shadow witness and was directed to give signal to the raiding party. The complainant was directed to hand over tainted currency notes to the accused on demand. 2.3 As per planning, the complainant and shadow witness went to the office of the accused. Remaining raiding party stayed behind. The complainant handed over the tainted currency notes to the accused on demand. After receiving the signal from the shadow witness, the raiding party reached the office of the accused who was found sitting in his chair. On personal search of the accused, the tainted currency notes were recovered from the right pocket of his pants; the same were then taken into possession vide separate memo. Hands of the accused were dipped into the solution of sodium carbonate prepared in a glass of water. The colour of the solution turned light pink. The said solution was put in a nip which then was sealed and was taken in possession by the police. The pants of the accused were taken off after making arrangement for another pants for the accused to wear and the pocket was washed in the same manner on which colour of the solution separately prepared also changed into light pink. The transfer deed as well as settlement deed were taken into possession alongwith the mutation register. Statements of witnesses were recorded. Investigations were conducted and on completion of the investigations, report under Section 173 Cr.PC was finalised. Charge against the accused
(3.) ON being charge -sheeted for commission of the offences under Section 7 read with Section 13 of the Act on 13.5.2005; the accused pleaded not guilty and claimed trial. Evidence of the prosecution In order to prove its case, the prosecution examined as many as 13 witnesses. To sustain and support the charge against the accused, in addition to the complainant (PW12), the prosecution examined shadow witness Hoshiar Singh (PW5) and independent witness Deepak Yadav, B.D.& P.O., Mahendergarh (PW10). The investigating officer Dharam Chand Inspector (PW13) was also examined to strengthen the prosecution case. Amar Singh, Reader to Deputy Commissioner, Narnaul (PW11) had proved sanction order Ex.P22. Other witnesses are of formal nature and need not be discussed in detail. Statement of the accused under Section 313 Cr.PC and his defence;