The court emphasized the importance of the complainant's testimony in bribery cases and applied the statutory presumption under Section 20 of the Prevention of Corruption Act.

V.K. Jain, J.

1. On 16.6.2000, the complainant Jagdish Tokas, came to the office of the Anti Corruption Branch of Delhi Police (for short ‘ACB') and made a complainant, alleging therein that on 11.2.2000, he had a quarrel with Mr. Jayant Jain and his family members, at the time he was taking his car out of the parking and he had lodged FIR No.46/2000 against them. He further stated that after 2-3 days he came to know that a cross case has been registered against him vide FIR No.47/2000 at Police Station Vasant Vihar. He thereupon made a complaint to the Vigilance Cell of Delhi Police against the SHO, Police Station, Vasant Vihar as well as the Investigating Officer and had obtained anticipatory bail. He had also got the investigation of the case transferred to the District Crime Cell, Mayapuri where it was assigned to the appellant, Inspector Giri Raj Meena, for investigation. He also alleged that the appellant started demanding liquor as well as bribe from him and on 15.6.2000 he demanded Rs.50,000/- from him. He also threatened to register a case under Section 325 IPC against him in case the aforesaid bribe money was not paid. The complainant alleged that when he asked the appellant to reduce the bribe money, he agreed to accept Rs.15,000/- for not registering an FIR against him and had called him at Super Market, DDA Flats, Munirka at 8:00 p.m. near a van selling chowmein with Rs.10,000/- and to pay the balance of Rs.5,000/- at a later date.

2. After recording the statement of the complainant in the presence of the panch witness Mr. V. Mukanda Rao, LDC in the Education Department of the Government of NCT of Delhi, serial numbers of currency notes, being fourteen (14) currency notes of Rs.500/- and thirty (30) currency notes of Rs.100/-, were noted down in a memo, phenolphthalein powder was applied to those currency notes and a demonstration was given to the complainant as well as the panch witness by making them touch the currency notes treated with phenolphthalein powder and then dipping their hands in sodium carbonate solution which on such dipping turned pink. The panch witness was instructed to accompany the complainant, hear the conversation between him and the appellant and give a pre-decided signal after the bribe was paid.

3. The police party as well as the complainant and the panch witness reached the Super Market, DDA Flats, Munirka at about 8:05 p.m. on the same date. At about 8:40 p.m., the panch witness gave the pre-decided signal whereupon the raiding party reached the van selling chowmein and the panch witness took out the currency notes which were earlier treated in phenolphthalein powder in the office of the ACB, from the right side pocket of the pant which the appellant was wearing at that time. The hands of the appellant were washed in the sodium carbonate solution which then turned pink and was duly seized. After putting the same in two bottles, the pant which the appellant was wearing was got removed and wash of the right side pocket of the said pant was taken. On such wash the colour turned into pink and the said wash was also seized after putting the same into two clean bottles.

The appellant was charged under Sections 7 & 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988. Since he pleaded not guilty to the charge as many as eight (8) witness including the complainant and panch witness were examined by the prosecution. No witness, however, was examined in defence.

4. The complainant, Shri Jagdish Tokas, came in the witness box as PW5. In his examination-in-chief, he inter alia stated that “Inspector Giri Raj never harassed me nor demanded any money or article from me”. The complainant thereafter stated that he had gone to the Office of the ACB, made a complaint of demand of bribe by the appellant and had handed over Rs.10,000/- to the raiding officer, in the presence of the panch witness. He also stated that the raiding officer applied phenolphthalein powder on the curren