- (1.)Accused-appellant has directed the present appeal against the judgment dated 17.04.2006 and order dated 18.04.2006 passed by Shri Sanjiv Kumar, the then learned Special Judge, Ambala vide which accused Satish Kumar stood convicted under Sections 7 and Section 13 (1)(d) read with Section13(2) of the Prevention of Corruption Act, 1988 (in short - P.C. Act ) and sentenced them to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs.500/- and in default of payment of fine to further undergo rigorous imprisonment for a period of fifteen days under Section 7 of the Act ; and further to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.1000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of one month under Sections 13(1)(d) read with Section 13 (2) of the Act All the sentences were, however, ordered to be run concurrently.
(2.)The case of the prosecution in brief is that Amarjit Kaur Bakshi (PW5) wife of the complainant had retired as JBT Teacher from Shri Guru Hargobind Sahib High School, Ambala City on 30.9.2000. Her pension case was pending in the office of DEPO, Ambala and Satish Kumar (present accused) working as Section Officer, was dealing with the said case and he demanded Rs.1000/- as bribe for doing the required proceedings in the case of wife of the complainant. This demand was absolutely illegal and the complainant was unable to meet with the said demand. Earlier also accused has taken Rs.2000/- as bribe when the matter of gratuity of the wife of the complainant had been dealt with in the said office. Complainant apprehended that if the payment of bribe by the accused was not fulfilled, he may misplace the pension papers or create some hurdle in the pension of his wife. The complainant wanted to get the accused caught red handed and accordingly moved an application to the Superintendent of Police (Vigilance), Ambala on 05.07.2002, which was marked to Inspector Sham Lal (PWI0) for necessary formalities and for report. Inspector Sham Lal on receiving the said application lodged the First Information Report. The investigating officer Inspector Sham Lal prepared a raiding party and moved an application to the Deputy Commissioner, Ambala for appointing some officer for joining the investigation/raid. The Deputy Commissioner, Ambala, Shri D.D.Gautam appointed Shri Ashwani Kumar, Naib Tehsildar (PW8) to do the needful. The raiding party alongwith the complainant and the shadow witness Constable Mahesh Kumar (PW6) went to the office of Tehsildar, Ambala where the complainant handed over two currency notes of denomination of Rs.500/- each i.e. total of Rs.1,000/- and list of currency notes was prepared, which was signed by the investigating officer, the complainant, Naib Tehsildar and Constable Mahesh Kumar. The two currency notes were initialed by the investigating officer as well as Naib Tehsildar and then phenolphthalein powder was applied on the same. Those currency notes were then handed over to the complainant after taking his personal search. The complainant was then instructed to hand over those currency notes to the accused on his demand regarding pension case of his wife and the shadow witness was directed to hear the conversation between the complainant and the accused and to give signal to the raiding party on acceptance of the money by the accused. The raiding party then reached the office of the DPEO, Ambala. The complainant and the shadow witness went inside the office of the accused. After receiving the signal from the shadow witness, the raiding party entered the office and directed the accused to hand over the bribe money received by him from the complainant. The accused reluctantly handed over the said amount of Rs.1000/- by taking out from the front pocket of his shirt. The two currency notes tallied with the list. The solution of sodium carbonate was prepared in a jug and then hands, pocket of the shirt of the accused and the currency notes were washed in the same one after the other in three separate solutions due to which the solution turned light pinkish. A nip each out of those three solutions were separated and the three nips, currency notes in a envelope and shirt were converted into parcels and were sealed with the seal of SP, SVB, Ambala and specimen of seal was prepared. The seal after the use was handed over to the duty officer and all articles were taken into custody. Rough site plan of the place of occurrence was prepared. The investigating officer also took into possession the photocopies of the pension case file of the wife of the complainant and recorded the statement of the witnesses. Personal search of the accused was conducted. The accused was arrested and information of arrest was given to his relatives. After collecting the sanction order for the prosecution of the accused and after completion of all other formalities of investigation, final report under section 173 Cr.P.C was prepared by the Investigating Officer and was presented against the accused under section 7 and 13 of the Prevention of Corruption Act, 1988 for putting him on trial.
(3.)Copies of documents as relied upon by the prosecution were supplied to the accused free of costs. On finding a prima facie case under Section 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988, accused was accordingly charge sheeted by the trial Court, to which, the accused pleased not guilty and claimed trial.