IMPORTANT POINT
Corruption – Conviction cannot be recorded on the sole fact that accused had failed to explain the recovery of tainted money from his possession

Surinder Gupta, J.

This is appeal against the judgment of conviction and order of sentence both dated 31.01.2004 passed by Special Judge, CBI, Punjab at Patiala, whereby the appellant was convicted for the offence under Sections 7 and 13(1)(d) punishable under section 13(2) of Prevention of Corruption Act, 1988 (for short-P.C. Act) and sentenced as follows:-

Sr. No.	Under Section	Sentence.
1.	7 of P.C. Act.	Rigorous imprisonment for two years and to pay a fine of Rs. 1000/- in default of payment of fine to further undergo rigorous imprisonment for three months.
2.	13(1)(d) punishable under section 13(2) of P.C. Act.	Rigorous imprisonment for two years and to pay a fine of Rs. 1000/- in default of payment of fine to further undergo rigorous imprisonment for three months.

Case of the prosecution, in brief, is that appellant Jeet Singh was working as mechanic in Telecom Department, Moonak, District Sangrur. Complainant Jagtar Singh son of Charan Singh (PW1) moved an application for installation of CCB (Coin Collection Box) and was apprised by Jarnail Singh, J.T.O. that the same has been approved and for installation of CCB connection, he should meet Jeet Singh appellant, who was posted as Phone Mechanic. Complainant approached the appellant, who initially had been dilly-dallying and later on demanded Rs. 500/- for installation of CCB connection. Detailing his demand, he told the complainant that in normal course, they take Rs. 300/- and Rs. 200/- was required for labour charges for installing the pole. The complainant, then met his friend Nachhattar Singh (PW2) and apprised him of the demand made by the appellant, who advised him to contact Deputy Superintendent of Police, Vigilance Bureau, Sangrur. On 06.10.2000, complainant went to the office of DSP, Vigilance Bureau, Sangrur, where his statement Ex.PW1/A was recorded. DSP Gurmukh Singh made endorsement Ex.PW9/1 on this statement and sent the same to Police Station Vigilance Bureau, Patiala for registration of FIR. A raid was planned and ASI Kewal Singh was deputed to call one Gazetted Officer and one non-gazetted officer. He called Gurmail Singh, Dairy Development Officer and Bal Kishan Inspector, Municipal Council, Sangrur and both were apprised about the fact of the case. Complainant handed over five currency notes of denomination of Rs. 100/- each to DSP Gurmukh Singh, which were treated with P.powder and handed over to Jagtar Singh. He was directed to hand over the tainted money to Jeet Singh on his demand for bribe and a handing over memo Ex.PW1/B was prepared. The demonstration of reaction of P.powder in the solution of sodium carbonate was also shown to the witnesses and demonstration memo Ex.PW1/G was prepared. Nachhattar Singh was deputed to act as shadow witness and was directed to accompany Jagtar Singh, to hear the conversation between him and Jeet Singh and to flash a signal on payment of bribe money to Jeet Singh by putting his right hand over his head. On reaching Moonak with raiding party, Jagtar Singh and Nachhattar Singh were sent inside the building of telephone exchange while remaining members of the raiding party remained outside at scattered places.

2. On reaching the telephone exchange, complainant could not find Jeet Singh and was told by Jagdev Singh security guard that he might have gone to attend some complaint. On a telephone call made by Jagdev Singh, Jeet Singh came to the telephone exchange. The complainant took him aside and as settled, handed over tainted money to him, which was counted by the appellant and put in rear pocket of his pant. Nachhattar Singh flashed the settled signal at which raiding party rushed inside the telephone exchange. Appellant was directed to remain sitting on the chair. On seeing the raiding party, he took the tainted money and put it in the drawer of