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2008 Supreme(P&H) 1282

PUNJAB AND HARYANA HIGH COURT
Vinod K. Sharma, J.
Karnail Singh - Appellant
Versus
State of Punjab - Respondent
Crl. Appeal No. 251-SB of 1994.
Decided On : 30 July, 2008

Advocates Appeared:
For the Appellant :Ms. Baljit Mann, Advocate.
For the Respondent: Mr. K.S. Pannu, AAG, Punjab.

The main legal point established is the reliance on witness testimonies and corroborative evidence to prove guilt under the Prevention of Corruption Act.

Headnote:

Prevention of Corruption Act - Conviction and Sentence - Sections 7, 13(1)(D)(2)

Fact of the Case:

The appellant was convicted and sentenced under sections 7, 13(1)(D)(2) of the Prevention of Corruption Act for demanding and accepting bribe money.

Finding of the Court:

The court found the prosecution's evidence, including the recovery of money and witness testimonies, to be reliable and proved the appellant's guilt. The court rejected the appellant's defense as vague and unproven.

Issues: The issues included the reliability of witness testimonies, the defense's claim of enmity, and discrepancies in the prosecution's version.

Ratio Decidendi: The court held that the prosecution's evidence, supported by witness testimonies and the recovery of money, established the appellant's guilt. The court also emphasized the lack of corroborative evidence for the defense's claims.

Final Decision: The court upheld the conviction and sentence of the appellant under the Prevention of Corruption Act.

JUDGMENT

Vinod K. Sharma, J. - This appeal is directed against the conviction and sentence awarded to the appellant in case FIR No. 60 dated 11.6.1992 registered under sections 7, 13(1)(D)(2) of the Prevention of Corruption Act (for short the Act) at Police Station Shahkot.

2. The appellant was tried and sentenced to undergo R.I. for one year and to pay a fine of Rs. 1000/- and in default of payment of fine to undergo further R.I. for a period of 4 months under sections 7, 13(1)(D))(2) of the Act.

3. Allegations against the appellant are that Bachittar Singh son of Achhar Singh resident of village Faqruwal Police Station Shahkot wanted to contract loan from UCO Bank for agricultural purpose and needed Farad Jamabandi of his land for the said purpose. He approached the appellant Karnail Singh who demanded Rs. 500/- as bribe money and ultimately agreed to supply copy of Farad Jamabandi after receiving Rs. 250/-. Bachittar Singh agreed to pay this amount on 11.6.1992 but since he was not desirous of giving bribe money he approached the Vigilance Department. Statement of the complainant was recorded by Charan Singh inspector who was also handed over two notes of the denomination of Rs. 100/- each and one note of denomination of Rs. 50/-. Charan Singh Inspector applied phenolphthalein powder to these notes and returned back the same to Bachittar Singh with a direction that he should hand over these notes to the appellant on demand and after getting copy of the revenue record.

4. It is also the case of the prosecution that thereafter Charan Singh Inspector demonstrated the effect of phenolphthalein powder on mixture of soda bicarbonate. Arur Singh son of Bhagat Singh had also gone with Bachittar Singh and he was joined as a shadow witness and instructed to follow Bachittar Singh and give signal after the accused demanded and accepted the bribe money from Bachittar Singh. A case under Sections 7, 13(1)D)(2) of the Act was registered against the accused-appellant and a raiding party was organised. Mr. P.K. Sood, Senior Fisheries Officer was joined in the said party.

5. It is further the case of the prosecution that on reaching Shahkot, jeep in which party was tavelling was parked at the bus stand where from Bachittar Singh and Arur Singh were sent to contact the accused and other members of the party kept standing at some distance. After receiving signal from Arur Singh police party went to the office of the accused appellant and conducted his search in the presence of Tilak Raj Patwari who was also Joined in the investigation and on personal search for the accused purse was recovered from front pocket of the shirt of the accused wherefrom treated currency notes Ex. P.1 to Ex. P.3 were recovered which were taken into possession vide recovery memo Ex.PF. Hands of the accused were washed in solution of soda bicarbonate, the colour of which turned pinkish. Solution was put in a nip and sealed with the seal impression CS and taken into possession vide memo Ex.PJ. It was further alleged that Bachittar Singh produced copy of Jamabandi Ex.PM which was also taken into possession vide memo Ex.PH. Rojnamcha Wakiati was also taken into possession vide memo Ex.PJ. It is further the case of the prosecution that on further search of accused Rs. 700/- and a wrist watch were recovered and taken into possession vide memo Ex.PK. The Investigating Officer also prepared rough site plan Ex.PM. He deposited the case property with the MHC and after getting sanction Ex.PW4/A the appellant was challaned and sent for trial.

6. The accused appellant was charged under sections 13(2) read with Section 7 of the Act to which he pleaded not guilty and claimed trial.

7. The prosecution to prove its case examined complainant Bachittar Singh as PW 1, Arur Singh as PW 2, P.K. Sood Senior Fisheries Officer as PW 3, Tilak Raj Patwari Halqa Allowal as PW 4 and Harbhajan Singh constable as PW 6.

8. When examined under section 313 of the Code of Criminal Procedure the accuse




























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