The court confirmed that the prosecution must prove demand and acceptance of bribes for corruption convictions, affirming that minor discrepancies in witness accounts do not undermine overall testimony integrity.

JUDGMENT :

MANJARI NEHRU KAUL, J.

1. The appellant-accused has challenged the judgment of conviction and order of sentence dated 22.10.2003 passed by learned Special Judge, CBI, Punjab, Patiala, in case R.C. No.21 of 14.09.2000 for offences under Sections 7 , 13(1)(d) punishable under Section 13 (2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as 'PC Act') lodged at P.S. CBI/ACB/Chandigarh, whereby the appellant had been convicted and sentenced as under:-

1.(b) During the pendency of the appeal, the appellant had died and his wife had been impleaded as his legal heir to pursue the instant appeal.

Case of the Prosecution

2. The facts germane to the case of the prosecution may be noticed as thus:

(a) The accused was working as an Enforcement Officer in the office of Employees Provident Fund Organization, Jalandhar and was caught red handed while demanding and accepting a bribe of Rs.1,500/- for giving a favourable report qua M/S Janta Coach and Body Builders Pvt. Ltd. Jalandhar, from Gurdeep Singh by Sh. Vipin Chaudhary, DSP Vigilance Bureau, Jalandhar on 03.08.2000. The accused had visited the firm of the complainant i.e. M/S Janta Coach and Body Builders on 27.07.2000 and threatened him that he would give adverse inspection report against them. He further told that the complainant that he would again visit the firm on 03.08.2000 and would write a favourable report after receiving Rs.1,500/- as bribe. Since the complainant did not want to pay the bribe, he alongwith Rajesh Bagga approached the office of S.P. Vigilance Bureau, Jalandhar and lodged a complaint on 03.08.2000 against the accused with allegations of the latter demanding bribe of Rs.1,500/-. During the pre-trap proceedings, the tainted money was handed over to Gurdeep Singh by DSP Vipin Chaudhary and he was instructed that the tainted money be given to the accused on his specific demand. DSP Vipin Chaudhary further instructed Rajesh Bagga to act as a shadow witness, accompany the complainant, hear the conversation between the complainant and the accused and see the transaction of bribe money. He was further asked to give the signal by touching his head with his hands to the raiding party after the passing of bribe money. Dr. Darshan Kumar, Poultry Pathologist and Satnam Singh were joined in the trap party as independent witnesses. After completing the pre-trap formalities, DSP Vipin Chaudhary alongwith witnesses and members of the raiding party proceeded by Govt. vehicle towards the office of M/S Janta Coach and Body Builders, Chaugiti Road, Jalandhar. The vehicle was stopped about 200/250 yards short of M/S Janta Coach and Body Builders. Vipin Chaudhary DSP asked Gurdeep Singh and Rajesh Bagga to proceed to the office of the complainant on foot. When Gurdeep Singh and Rajesh Bagga reached the office of M/S Janta Coach and Body Builders, they found that the accused was already sitting in the office. The accused asked the complainant whether he had arranged Rs.1,500/- as bribe promised by him on 27.07.2000. Gurdeep Singh replied that he had arranged Rs. 1500/- for him and after taking out the tainted money from the pocket of his shirt, handed over the same to t