PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
MANJARI NEHRU KAUL, J.
Bunty Kumar - Appellant
Vs.
State Of Punjab - Respondent
CRA-S-1473-SB-2018
Decided On : 02-05-2024
JUDGMENT :
Manjari Nehru Kaul, J.
By way of present appeal, the appellant has assailed the judgment dated 23.03.2018 passed by learned Special Judge, Ludhiana, whereby in case FIR No.02, dated 05.04.2013, registered under Sections 8, 10, 13(1) & 13(2) of Prevention of Corruption Act, 1988 (for short, PC Act) and Section 120-B of IPC, at Police Station Vigilance Bureau, Ludhiana, he was convicted under Section 8 of PC Act and Section 120-B of IPC and order of even date, he was sentenced as under:-
Conviction under Section | Sentence |
8 of PC Act | To undergo Rigorous Imprisonment for a period of 3 years and to pay a fine of Rs.1,000/- and in default of payment of fine, to undergo further imprisonment of 15 days. |
120-B of IPC | To under Rigorous Imprisonment for a period of 1 year and to pay a fine of Rs.1,000/- and in default of payment of fine, to undergo further imprisonment of 15 days. |
2. The case of the prosecution in brief is that a written complaint was received by the Vigilance Bureau, Ludhiana, from one Neeraj Rattan (hereinafter referred to as the complainant). The complainant alleged that he intended to purchase a plot measuring 75 square yards, situated in Flower Enclave, Ludhiana, and in furtherance of registering the sale deed thereof, he visited the office of the Sub-Registrar (West), on 04.04.2013.
3. At the said office, the complainant met one appellant-Bunty Kumar (hereinafter referred to as the accused), who represented himself as the Lambardar of Village Sunet and stated that he was working privately as an agent in the office of Sub-Registrar. The accused claimed that he facilitated the registration and attestation of sale deeds and was deployed in the office on the instructions of the Tehsildar. He further claimed that he was tasked with affixing a particular code on documents and extracting a minimum amount of Rs.2,000/- from the prospective registrants, failing which, such individuals would face undue harassment. The accused allegedly demanded Rs.2,000/- from the complainant to ensure smooth registration of the sale deed.
4. The complainant, while pretending to agree to the demand, lodged a complaint with the SSP, Vigilance Bureau, Ludhiana. The matter was marked to the DSP, Vigilance Bureau, Patiala. On 05.04.2013, a raiding team comprising DSP, K.D. Sharma (Investigating Officer), Food and Supplies Officer, Satsimran Singh Ghuman, Inspector Kirandeep Singh, and other members of the police force, was constituted. ASI Paramjeet Singh was instructed to conduct a preliminary enquiiy, wherein the allegations were prima facie found to be substantiated through a conversion recorded by Constable Sham Sunder. Consequently, an FIR was registered.
5. The raiding party collected at BSNL Rest House, Ludhiana. Phenolphthalein powder was applied to currency notes provided by the complainant, and a demonstration of its chemical reactivity was conducted. Kirandeep Singh was appointed as shadow witness and directed to accompany the complainant into the office of the Sub-Registrar and signal the raiding team through a missed call once the accused accepted the bribe.
6. The complainant and the shadow witness entered the office of the Sub-Registrar, where the accused was present. Upon receiving the prearranged signal, the raiding team entered the premises. The accused was confronted and directed to dip his fingers in a sodium carbonate solution, which turned pink, indicating the presence of phenolphthalein powder. A portion of the solution was sealed for evidentiary purposes.
7. A total of Rs.43,150/- was recovered from the right pocket of the trousers of the accused, including the tainted notes provided by the complainant. The serial numbers were matched with the pre-recorded numbers. The accused was formally arrested at the spot. Certain sale deed documents were also recovered from him. Additionally, upon search of the vehicle of the accused (bearing registration No.PB-08-BF-4377), an amount of Rs.48,000/- - allegedly obtained through similar
The prosecution must prove the demand and acceptance of bribe beyond reasonable doubt; mere possession of tainted money is insufficient for conviction.
The lack of proof of demand for illegal gratification is a crucial factor in determining the conviction under Sec. 7 and Sec. 13(1)(d) r/w Sec. 13(2) of the PC Act.
The prosecution must prove both the demand and acceptance of illegal gratification to substantiate a conviction under the Prevention of Corruption Act; mere recovery of bribe money without proven dem....
The absence of the complainant's testimony does not invalidate the prosecution's case if demand and acceptance of bribes are established through other evidence.
Demonstrating demand for a bribe is essential to prove offenses under the Prevention of Corruption Act.
The proof of demand of illegal gratification is essential to establish offences under the Prevention of Corruption Act. Mere recovery of tainted money is not sufficient without evidence of demand and....
Proof of demand and voluntary acceptance essential for conviction under Sections 7/13(2) PC Act; mere tainted money recovery insufficient. Appellate interference in acquittal only if perverse or unre....
The demand for illegal gratification is a sine qua non for conviction under the Prevention of Corruption Act, and the prosecution must prove it beyond reasonable doubt.
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