VINOD K.SHARMA, J. - (1.) THIS appeal is directed against the conviction and sentence awarded to the appellant in case FIR No. 60 dated 11.6.1992 registered under sections 7, 13(1)(D)(2) of the Prevention of Corruption Act (for short the Act) at Police Station Shahkot.
(2.) THE appellant was tried and sentenced to undergo R.I. for one year and to pay a fine of Rs. 1000/- and in default of payment of fine to undergo further R.I. for a period of 4 months under sections 7, 13(1)(D))(2) of the Act. Allegations against the appellant are that Bachittar Singh son of Achhar Singh resident of village Faqruwal Police Station Shahkot wanted to contract loan from UCO Bank for agricultural purpose and needed Farad Jamabandi of his land for the said purpose. He approached the appellant Karnail Singh who demanded Rs. 500/- as bribe money and ultimately agreed to supply copy of Farad Jamabandi after receiving Rs. 250/-. Bachittar Singh agreed to pay this amount on 11.6.1992 but since he was not desirous of giving bribe money he approached the Vigilance Department. Statement of the complainant was recorded by Charan Singh inspector who was also handed over two notes of the denomination of Rs. 100/- each and one note of denomination of Rs. 50/-. Charan Singh Inspector applied phenolphthalein powder to these notes and returned back the same to Bachittar Singh with a direction that he should hand over these notes to the appellant on demand and after getting copy of the revenue record.
(3.) IT is also the case of the prosecution that thereafter Charan Singh Inspector demonstrated the effect of phenolphthalein powder on mixture of soda bicarbonate. Arur Singh son of Bhagat Singh had also gone with Bachittar Singh and he was joined as a shadow witness and instructed to follow Bachittar Singh and give signal after the accused demanded and accepted the bribe money from Bachittar Singh. A case under Sections 7, 13(1)D)(2) of the Act was registered against the accused-appellant and a raiding party was organised. Mr. P.K. Sood, Senior Fisheries Officer was joined in the said party.;