IMPORTANT POINT
A stray query in absence of any other cogent and persuasive evidence cannot amount to a demand for the purpose of section 7 and 13.

JUDGMENT

AMITAVA ROY, J.

Leave granted.

2. The appellant, heir of Mukhtiar Singh (since deceased) has carried this appeal to this Court against the affirmation of his conviction under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988 (for short, hereafter referred to as 'the Act'), recorded at the first instance by the learned Special Judge, S.A.S. Nagar (Mohali) in his judgment and order dated 04.09.2009. Thereby the predecessor of the present appellant had been, as a consequence of his conviction, sentenced to rigorous imprisonment for one year for the offence under Section 7 and to pay a fine of Rs.2,000/-therefor and further sentenced to 2 years' rigorous imprisonment for the offence under Section 13(2) of the Act along with fine of Rs.2,000/- with related default sentence.

3. Though this verdict was challenged before the High Court by the original convict, he, during the pendency of the appeal expired, whereupon the present appellant got herself substituted with a bid to purge him of the stigma. She having failed in her endeavour as the appeal has been dismissed, seeks redress from this Court.

4. We have heard Mr. O.P. Bhadani, learned counsel for the appellant and Ms. Jaspreet Gogia, learned counsel for the respondent.

5. Sans the unnecessary details, the essence of the prosecution case is that the predecessor of the appellant, Mukhtiar Singh (also referred to hereinafter as original accused) while was serving as Station House Officer of Police Station, Ajnala was entrusted with the investigation of the case launched against Sarabjit Singh (complainant) by his (Sarabjit) wife under Sections 406,498A IPC. It was alleged by the complainant-Sarabjit Singh that the original accused in order to favour him in the investigation demanded and received bribe of Rs. 3,000/-from him (Sarabjit) and in the process and at the fag-end of the probe, demanded a further amount of Rs.2,000/-as illegal gratification to file a report of exoneration. That the original accused threatened to harass the complainant if he did not submit to his demand, was also imputed. At this, the complainant approached the DSP, Vigilance, FS-I Unit – 2 Punjab, Chandigarh and lodged a complaint disclosing the above facts.

6. The said officer after recording the statement of the complainant took preparatory steps to lay a trap to intercept the original accused and set up a trap team constituting amongst others of Inspector Satpal (PW2) and Aman Kumar (PW3). Currency notes furnished by the complainant amounting to Rs. 2,000/-were smeared with phenolphthalein powder and handed over to the complainant to be delivered to the original accused on demand. Inspector Satpal (PW2) was nominated as a shadow witness to accompany the complainant so as to be a witness to the possible transaction. Subsequent thereto, on the appointed day, the trap team visited the Ajnala Police Station, whereupon the complainant and the shadow witness met the original accused in his room. Thereafter the original accused having enquired as to whether money had been brought, the complainant handed over the prepared currency notes to the former, who kept it in a card board box placed on his table. The prosecution version is that on this, the shadow witness signalled the other members of the trap team waiting outside, who thereafter entered the room, confronted the original accused with the demand and receipt of the currency notes whereupon, he took out the same from the card board box and handed over those to trap team. As the fingers of the original accused when dipped in the chemical compound prepared for the purpose indicated that he had handled the currency notes, the investigating party completed the formalities and after obtaining the report of the Forensic Science Laboratory, lodged the prosecution against the original accused on obtaining the necessary sanction therefor.

7. In support of the charge under Sections 7 and 13(2) of the Act laid by the prosecution, which the origina