The main legal point established in the judgment is that the prosecution must prove the demand, acceptance, and recovery of illegal gratification beyond reasonable doubt, and the defense must provide sufficient evidence to discredit the prosecution's version.

K.C.Puri, J.

1. By way of present appeal, the appellant has challenged the Judgment dated 11.4.2002 passed by Shri Jagroop Singh, the then Special Judge, Kapurthala whereby he was convicted under Section 7 read with Section 13(2) of the Prevention of Corruption Act (in short Act 1988) and vide order of same date, be was sentenced to undergo imprisonment for five years and to pay a fine of Rs. 2,000/- and in default of payment of fine, to suffer further rigorous, imprisonment for six months.

2. The facts, in-short are as follows: The present case was registered on the statement. Exhibit PE, of Dilbagh Singh, PW3. According to him, he had purchased 10 Kanals 16 Marias ofland on 15.05.1998 from his brother Jagmohan Singh and approached the accused who was working as a Patwari forgetting the mutation sanctioned in his favour. On 21.07 .1998, Dilbagh Singh gave a photostat copy of the sale deed and the original power of attorney to the accused but the accused told him that mutations were not entered like that and that he should part with Rs. 1,500/- for getting the mutation entered, He assured that on payment of said amount, the mutation would be entered and got sanctioned. Dilbagh Singh. PW3 told him that he was a poor person on which the accused agreed to charge Rs. 1,000/- as illegal gratification. Dilbagh Singh told him that he was not having the said amount with him and went back to his house.

3. On 22.07.1998, Dilbagh Singh met Mohan Singh and told him about said facts who advised him to get the accused arrested from the Vigilance Department. Dilbagh Singh and Mohan Singh went to the DSP at Vigilance Bureau, Kapurthala who recorded statement, Exhibit PE of Dilbagh Singh.

4. Dilbagh Singh produced before the DSP, five currency notes of Rs.100/- denomination each and one currency note of Rs.500/ denomination which were treated with Phenolphthalein Powder and were handed back to Dilbagh Singh. A memo was prepared in this respect. DSP also gave demonstration by preparing solution of Sodium Carbonate in a glass of water, the colour of which did not change. When a paper treated with Phenolphthalein Powder was stirred in it, its colour became piny. The solution and the paper were destroyed and the hands of the police party were got washed with soap. In this respect, a memo was prepared by the DSP. The DSP then joined Deva Nand PW4 in the party who told about the facts of the case and an endorsement was made on the statement, Exhibit PE of Dilbagh Singh which was forwarded to the Police Station and the present case was registered.

5. The police party then proceeded towards village Dhilwan in which the office of the accused was situated. Dilbagh Singh and Mohan Singh, PWs, were sent to the office of the accused, with a direction to hand over tainted currency notes to the accused if demanded by him and thereafter Mohan Singh to give a signal to the remaining police party After some time, a signal was received from Mohan Singh upon which the police party raided the office of the accused. DSP Jaipal Singh introduced himself to the accused. He prepared solution of Sodium Carbonate in a glass of water, the colour of which did not change. When the fingers of the hands of the accused were washed with the solution, its colour became light pink. It was put in a nip and sealed with seal CS and was taken into possession vide memo attested by the PWs. When the personal search of the accused was conducted, the said six currency notes were recovered from the pocket of the shirt of the accused out of which five notes were of Rs. 100/- denomination, and one note was of Rs. 500/- denomination. The serial numbers of the currency notes tallied with the serial numbers mentioned in memo Exhibit PC. These notes were taken into possession vide memo Exhibit PF, attested by the prosecution witnesses. The DSP then arranged a shirt for the accused, His shirt was removed. Solution was prepared by putting Sodium Carbonate in a glass of water the colour of