1. On 24th April, 2007, the complainant Mr. Shiv Kumar, whose son Ashwin at that time was studying in the 8th Standard in Ludlow Castle No. 2 School and was placed in compartment in Mathematics, came to the office of the Anti Corruption Branch and gave a written complaint, exhibit PW 4/8, alleging therein that on the appellant, Mr. M.P. Singh, who was an English Teacher, asking him, through his son, to meet him, he (the complainant) went to the School along with his son and met the appellant, who offered to pass his son on payment of Rs. 3,000.00 as bribe. He further alleged that the appellant had called him by 1:00 p.m. that day. The complainant also brought to the office of Anti Corruption Branch, currency notes amounting to Rs. 3,000.00. The currency notes produced by the complainant were then treated with phenolphthalein powder and a demonstration was then given to the complainant as well as the panch witness, Shri Ved Prakash, LDC in Food & Supplies Department, Government of NCT of Delhi by touching a hand of the panch witness with the aforesaid treated notes and then taking wash of the said hand in the solution of sodium carbonate, which turned into pink. The currency notes were then given back to the complainant and the panch witness was instructed to remain close to the complainant and give pre-decided signal after witnessing the transaction. The complainant and the panch witness were sent inside the School and were followed by the other members of the raiding team, who took positions in the Administrative Block of the School. On noticing the pre-decided signal given by the panch witness, the members of the raiding team reached the staff room of the School and on search of the appellant by the panch witness, the bribe money of Rs. 3,000.00 was recovered from the right pocket of his pant. The currency notes taken out of the pocket of the appellant were seized and the wash of the hands of the appellant as well as the right pocket of his pant was taken in Sodium Carbonate solution, which turned pink.

2. The appellant was charged under Section 7 read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the ‘PC Act’). He pleaded not guilty and claimed trial. The prosecution examined as many as twelve (12) witnesses in support of its case. One (1) witness was examined in defence. Vide impugned judgement and order of sentence, the appellant was convicted under Sections 7 & 13(1)(d) read with Section 13(2) of the PC Act and was sentenced to undergo rigorous imprisonment for a period of three (3) years and pay a fine of Rs. 30,000.00 or to undergo simple imprisonment for six (6) months in default under Section 7 of the PC Act. Identical sentence was awarded to him under Section 13(2) of the PC Act. It was further directed that both the sentences shall run concurrently.

3. The complainant, Shri Shiv Kumar, came in the witness box as PW-4 and stated that one day prior to 24.4.2007, his son Ashwin Dhigan, who was studying in Class 8 in Ludlow Castle No. 2 School informed him that his teacher, Mr. M.P. Singh was calling him. He, therefore, went to the School along with his son, in the morning of 24.4.2007. The appellant, who met him in the School told him that he could get his son succeed in the compartmental examination and demanded bribe of Rs. 3,000/-. He further stated that the appellant refused to reduce the bribe amount, saying that he had to give some money to senior officers as well. He thereupon went to the police and handed over six (6) currency notes of Rs. 500.00 each to an Inspector in the presence of panch witness, Shri Ved Prakash. After noting down the numbers of those currency notes the police officer applied powder on them, gave demonstration, and thereafter handed over the said currency notes to him. At about 1:00 p.m. he along with the panch witness and other members of the raiding party reached the School. His son called the appellant, who first took them out