Surjit Singh, J.

Appellant Amar Nath, Patwari, has assailed his conviction and sentence for offences, under Sections 7 and 13(2) of Prevention of Corruption Act, 1988, ordered by learned Special Judge, Kullu, vide judgment dated 11.8.20905, in the present appeal. Appellant has been sentenced as follows:-

Sr. No.

Offence Sentence awarded

(i) Section 7 of

the Prevention

of Corruption

Act, 1988.

Rigorous imprisonment for two years and

fine of `10000/-; in default of payment of

fine; rigorous imprisonment for a further

period of three months;

(ii) Section 13(2)

of the

Prevention of

Corruption Act,

1988.

Rigorous imprisonment for three years and

fine of `15000/-; in default of payment of

fine; rigorous imprisonment for a further

period of four months;

Whether reporters of the local papers may be allowed to see the

judgment?

2. Prosecution’s case, as sought to be made out from the evidence led during trial, may be noticed. Appellant was posted as Patwari in Patwar Circle, Tila Sahni in District Kullu. He was approached by PW-1 Rajesh Rashpa, an Advocate by profession to give effect to a private partition of landed property, which had taken place among his father and some other persons, recorded as co-owners with his father. He approached the appellant about two months prior to 16th July, 2003. Appellant allegedly told him that since a large chunk of land was involved, an application was required to be submitted. PW-1 Rajesh Rashpa then submitted application Ext. PW1/A, alongwith copy of memorandum of family partition Ext. PW1/B and copies of revenue papers Ext. PW1/C to Ext. PW1/K, which had been obtained from the appellant in the month of January, 2003 to the Assistant Settlement Officer.

Two months later, PW-1 Rajesh Rashpa again approached the appellant and requested him to enter the private partition in the revenue papers. Appellant allegedly demanded a sum of `1000/-, immediately, and some more money after the entries were made.

3. PW-1 Rajesh Rashpa approached vigilance people on 16.7.2003. He went to the office of Dy. S.P. Amar Nath, examined as PW-7. He was accompanied by PW-2 Surinder Kumar and one Dharam Pal. He lodged FIR, copy Ext. PW1/Z-8. PW-7 Dy. S.P. Amar Nath called two Inspectors, working under him, and in their presence, he required PW-1 Rajesh Rashpa to produce currency notes of `1000/-. Rajesh Rashpa produced ten currency notes of the denomination of `100/- each. Phenolphthalein powder was applied to those currency notes. It was demonstrated to PW-1 Rajesh Rashpa, PW-2 Surinder Kumar and Dharam Pal, who were accompanying him, how the solution of phenolphthalein, turned pink, when solution of sodium carbonate, in water, was mixed with it. Currency notes treated with phenolphthalein powder were handed over to PW-1 Rajesh Rashpa. A memo to this effect was prepared which is Ext. PW1/Z-10. Numbers of the currency notes were entered in this memo. PW-2 Surinder Kumar was required to act as shadow witness. Thereafter PW-1 Rajesh Rashpa, PW-2 Surinder Kumar, PW-7 Dy. S.P. Amar Nath, two Inspectors of Vigilance Department, and some Constables proceeded, in two separate vehicles, towards Patwarkhana of village Tila Sahni, where the appellant was posted. PW-1 Rajesh Rashpa and PW-2 Surinder Kumar accompanied by one Vigilance Inspector proceeded in a private vehicle, while other members of the party, including PW-7 Dy. S.P. Amar Nath, went by government vehicle.

4. On reaching the village, it was noticed that vehicle of Assistant Settlement Officer was parked at a short distance from Patwarkhana. Inquiry made from the driver of that vehicle revealed that Assistant settlement Officer had gone to the Patwarkhana. Party waited for the Assistant Settlement Officer to leave. He left by his vehicle 10-15 minutes later. Thereafter PW-1 Rajesh Rashpa and PW-2 Surinder Kumar were required to proceed to Patwarkhna. PW-2 Surinder Kumar stayed back in a shed, close to Patwarkhana, from where he could see the appellant as also PW-1 Rajesh Rashpa, handing