This order shall dispose of the aforesaid criminal appeal preferred by the appellant who was sent for trial in case FIR No. 20/1999 registered at P.S. Anti Corruption Branch Delhi, under Sections 7/13 of the Prevention of Corruption Act, 1988 (hereinafter referred to as 'the Act') on the complaint of Sh. Balwinder Singh. In the complaint Ex. PW5/A it was alleged, that the appellant while being posted as Resident Medical Officer in the Jail Hospital of Jail No.3 of the Central Jail, Tihar, later posted as Resident Medical Officer w.e.f. 21.06.1999, demanded bribe from the complainant who was in judicial custody and was undergoing treatment in the Jail Hospital as an Indoor patient, on the threats of discharging him from jail hospital, unless and until the said complainant paid a sum of Rs.10,000/- to the appellant and Rs.5,000/- to one Dr. Krishan Kumar. Consequently, on 25.06.1999, the complainant met the Jail Superintendent Sh. Yashpal Garg PW-5, to whom he is stated to have given the aforesaid complaint.

2. On receipt of the complaint, Sh. Yashpal Garg, (PW5) discussed the matter with Addl. Director General (Prison) (hereinafter referred to as 'ADG(P)') Sh. Ajay Aggarwal. who then discussed the matter with Additional Commissioner of Police (Anti Corruption) who deputed Inspector Niranjan Singh (PW10) of Anti Corruption Branch, to get in touch with ADG (P). At that stage, the complaint was also handed over by the Jail Superintendent to Inspector Niranjan Singh beside informing him that, Balwinder Singh will go to Tis Hazari Courts on 29.06.1999, which was the next date in his case.

3. On 29.6.1999 Balwinder Singh came to Tis Hazari Courts Lock Up. where Inspector Niranjan Singh met him and made enquiries:about his complaint. Mrs. Parmjeet Kaur, (PW8) the wife of the complainant also met Balwinder Singh in Tis Hazari Courts Lock UP on the same day when she was asked by the complainant to arrange Rs.15,000/- for handing over the said amount to Jail Superintendent. The Complainant is stated to have given another communication to the Jail Superintendent on 30.6.99 informing him that his wife would be bringing the money at the gate of Central Jail No.3 on 01.07.1999. This fact was also informed by PW-5 to PW10. Paramjit Kaur after arranging the money handed over the same to PW -5 on 1.7.1999 through a messenger sent by PW5.

4. Inspector Niranjan Singh then organized a raiding party consisting of Panch Witness P. Sudhir Babu (PW7). Inspector Y.S. Negi (PW11). SI S.N. Pandey. Ct. Ram Chander, SI Dal Chand under the supervision of ACP Satyender Nath (PWI2). The raiding party reached the office of Sh. Yashpal Garg 'Superintendent' Tihar Jail No.3 where complainant Balwinder (Ex. PW10/A) was also called. The statement of the complainant Balwinder Singh Ex. PW10A was then recorded in presence of Panch Witness who attested the same. The complainant, at that time also produced 30 GC notes each of Rs.500/- denomination before the raid officer given to him by Jail Superintendent after receiving it from PW8, who recorded number of these 30 GC notes in the pre-raid report and applied phenolphthalein powder on those notes. He also asked the panch witness to touch these notes and to dip his fingers in a colourless solution due to which the colourless solution turned pink. By giving this demonstration, he told the complainant to hand over the GC notes when demanded by Dr. Ram Chander. The complainant was instructed to remain close with the panch witness and to have conversation in such a manner• that the panch witness could hear the same. Panch Witness and Balwinder were directed to give a signal after the transaction was over by rubbing head with hand. All these proceedings were recorded in the post-raid report which is Ex. PW10/B.

5. It is also the case of the prosecution that PW-7, Sh. Sudhir Babu the Panch witness then went to the hospital along with the complainant and positioned himself-in the corridor of the hospital outside the offic