The prosecution must prove both the demand and acceptance of a bribe to invoke the presumption under Section 20 of the Prevention of Corruption Act.

Justice Dev Darshan Sud, J. (Oral)

The appellant has been convicted for offences under Sections 7 and 13 (a) (d) of the Prevention of Corruption Act (hereinafter referred to as the Act).

2. Bereft of all details, the prosecution case is that the accused, who was working as Chief Engineer, NHPC Baira Siul Project, Surangani, District Chamba, H.P., had demanded bribe of Rs.20,000/- from complainant Shri Kamal Kishore (PW10), who was working as Government Contractor, for clearing his outstanding bills. Complainant lodged an FIR, Ex. PW12/A with PW13 Dy. Superintendent of Police Paras Ram, who set a trap and apprehended the appellant/accused red handed purportedly accepting the bribe of Rs.10,000/- from the complainant in order to facilitate the payment of his bills. The prosecution case of course proceeded with the fact that the currency was treated with phenolphthalein powder and the said currency was seized from the accused and hand wash etc., turned pink. In order to prove its case, the prosecution examined 14 witnesses. The learned Special Judge, on conclusion of the trial holds that the evidence adduced by the prosecution was per se sufficient to attract the provisions of the Act aforesaid and proceeded to sentence the accused to undergo rigorous imprisonment for a period of two years and to pay fine of Rs.25,000/- for offence under Section 7 of the Act and in default of payment of fine amount, to further undergo simple imprisonment for six months. He was further sentenced to undergo rigorous imprisonment for three years and fine of Rs.25,000/- for offence punishable under Section 13(1)(d) of the Act and in default of payment of fine, to further undergo simple imprisonment for one year. Both the sentences were directed to run concurrently.

3. Adverting to the case of the prosecution, the star witness is the complainant PW-10 Shri Kamal Kishore, whose evidence requires consideration. He states that he is working as Government Contractor. In the year 2009, he had been assigned two works of NHPC which had been completed by him on 31.3.2009. With respect to the payment of both these works, he used to visit the office of the accused on number of occasions requesting that the amount be paid to him but the accused put him off on one pretext or the other as he wanted cut/share in the money. He uttered the words “Band Khao Khand Khao” (if you want money you must share it with me). The complainant states that he was in urgent need of money, but was refused legitimate payment unless the accused was paid Rs.20,000/-. The demand was resented by the complainant and he discussed the entire matter with his colleague contractor Shukar Deen (PW-11) and they both decided to inform the police telephonically with respect to the attitude of the appellant and his persistent illegal demand for gratification. On 10.4.2009, police met the complainant at Manjeer. His statement Ex.PW10/A was recorded. Solution of sodium carbonate and phenolphthalein powder in two separate tumblers was prepared by the police and mixing of these two solutions was demonstrated to the complainant by showing that when both are mixed, the colour of the solution turned into pink. Shri Shukar Deen (PW11), PW-3 Inspector Harish Chander and one driver were present there at that time, who had singed the memo. Sample of seal was also taken on a piece of cloth. At that particular time, he was having currency notes worth Rs.10,000/-. Numbers of these currency notes were noted down by the police. The police treated this currency with phenolphthalein powder and thereafter it was handed over to him with the instructions that in case appellant takes this money, the powder will come in contact with the hands of the accused/appellant and on being washed in solution of sodium carbonate , the solution will turn pink. The complainant was directed to proceed to the office of the accused to handover the currency notes to the accused and to signal PW-11 Shukar Deen, who was the shadow