S.C.Mital, J. - (1.) This appeal is directed against the judgment of the Special Judge, Amritsar, convicting Charanjit Singh a police constable posted at "B" Division, Amritsar under section 5 (2) of the Prevention of Corruption Act and sentencing him to one year's rigorous imprisonment and fine of Rs. 500.00. He was also convicted under section 161, Indian Penal Code, but no separate sentence was imposed on him.
(2.) Prosecution case is that on 15th Jan., 1973, Kirpal Singh and Narinder Kumar P. Ws. were taking tea at the shop of one Roshan Lal, Charanjit Singh accused came there. A bottle containing small quantity of liquor was lying on the table. Charanjit Singh smell it and told accused Kirpal Singh of having illicit liquor. Charanjit Singh held out that he would take Kirpal Singh to the police station. In the alternative, Rs. 20.00 were demanded from Kirpal Singh as gratification. The latter said that he had only Rs. 4/ at that time. He promised to pay the sum of Rs 20/ the next day.
(3.) At about 8 a.m. on 16th January, 1973, it is said that Kirpal Singh was proceeding along the gandanata He came across Charanjit Singh who pressed for the fulfilment of the promise of paying Rs. 20.00 to him. Kirpal Singh assured that he would do so at the hotel of Lahori Mai that day at 6 or 7 p in. On the same day, at about 4 p m. Kirpal Singh met Maugal Singh P. W near about the District Courts in Amritsar. Kiipal Singh narrated the incident to Mangal Singh. They both went to vigilance office. On reaching there, they contacted Inspector Harbhajan Singh who recorded statement Exhibit P. D. of Kirpal Singh. Two currency notes Exhibits P. 1 and P. 2 of Rs 10.00 each were produced by Kirpal Singh. The Inspector noted their numbers and applied some powder to them and gave them back to Kirpal Singh. Memo Exhibit P. E. was prepared in this behalf. A raiding party was organised. Mangal Singh and Kirpal Singh were directed to go to the hotel of Lahcri Mai at 7 p. m. They Were followed by the Inspector and othei officials secretly. A little after 7 p. m. Charanjit Singh reached the hotel aforesaid and met Kirpal Singh and Mangal Singh. As demanded by Charanjit Singh, Mangal Singh went and fetched a bottle of liquor for Charanjit Singh. Thereafter, all three of them took liquor and also took their meals there. On demand, Kirpal Singh made over the two currency notes Exhibits P. 1 and P. 2 to Charanjit Singh. Mangal Singh went out on some pretext Fifteen minutes thereafter, the police party arrived Inspector Harbhajan Singh secured Charanjit Singh and disclosed his identity. After offering himself to be searched, the Inspector searched the person of Charanjit Singh. The two currency notes were recovered from the pocket of coat Exhibit P. 3 worn by Charanjit Singh. Their numbers tallied with the numbers of the two notes entered in memo Exhibit P. E. A solution was prepared which turned pink when Charanjit Singh put his hand therein.;