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IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on: 02.01.2014

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Date of Decision: 06.01.2014

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CRL. A. No.645 of 2010

MAHESH PAL SINGH

..... Appellant

Through:

Dr. K.S. Chauhan, Mr. Chand Kiran,

Mr. Ajit Kumar Ekka & Mr. Tej Singh

Varun, Advs.

versus

STATE OF NCT OF DELHI

..... Respondent

Through:

Mr. Feroz Khan Ghazi, APP.

CORAM:

HON'BLE MR. JUSTICE V.K.JAIN

JUDGEMENT

V.K.JAIN, J.

On 24^th April, 2007, the complainant Mr. Shiv Kumar, whose son

Ashwin at that time was studying in the 8^th Standard in Ludlow Castle

No.2 School and was placed in compartment in Mathematics, came to

the office of the Anti Corruption Branch and gave a written complaint,

exhibit PW 4/8, alleging therein that on the appellant, Mr. M.P. Singh,

who was an English Teacher, asking him, through his son, to meet him,

he (the complainant) went to the School along with his son and met the

appellant, who offered to pass his son on payment of Rs.3,000.00 as

bribe. He further alleged that the appellant had called him by 1:00 p.m.

that day. The complainant also brought to the office of Anti Corruption

Branch, currency notes amounting to Rs.3,000.00. The currency notes

produced by the complainant were then treated with phenolphthalein

powder and a demonstration was then given to the complainant as well

as the panch witness, Shri Ved Prakash, LDC in Food & Supplies

Department, Government of NCT of Delhi by touching a hand of the

panch witness with the aforesaid treated notes and then taking wash of

the said hand in the solution of sodium carbonate, which turned into

pink. The currency notes were then given back to the complainant and

the panch witness was instructed to remain close to the complainant and

give pre-decided signal after witnessing the transaction. The

complainant and the panch witness were sent inside the School and were

followed by the other members of the raiding team, who took positions

in the Administrative Block of the School. On noticing the pre-decided

signal given by the panch witness, the members of the raiding team

reached the staff room of the School and on search of the appellant by

the panch witness, the bribe money of Rs.3,000.00 was recovered from

the right pocket of his pant. The currency notes taken out of the pocket

of the appellant were seized and the wash of the hands of the appellant

as well as the right pocket of his pant was taken in Sodium Carbonate

solution, which turned pink.

2. The appellant was charged under Section 7 read with Section

13(1)(d) of the Prevention of Corruption Act, 1988 (hereinafter referred

to as the „PC Act‟). He pleaded not guilty and claimed trial. The

prosecution examined as many as twelve (12) witnesses in support of

its case. One (1) witness was examined in defence. Vide impugned

judgement and order of sentence, the appellant was convicted under

Sections 7 & 13(1)(d) read with Section 13(2) of the PC Act and was

sentenced to undergo rigorous imprisonment for a period of three (3)

years and pay a fine of Rs.30,000.00 or to undergo simple imprisonment

for six (6) months in default under Section 7 of the PC Act. Identical

sentence was awarded to him under Section 13(2) of the PC Act. It was

further directed that both the sentences shall run concurrently.

3. The complainant, Shri Shiv Kumar, came in the witness box as

PW-4 and stated that one day prior to 24.4.2007, his son Ashwin

Dhigan, who was studying in Class 8 in Ludlow Castle No.2 School

informed him that his teacher, Mr. M.P. Singh was calling him. He,

therefore, went to the School along with his son, in the morning of

24.4.2007. The appellant, who met him in the School told him that he

could get his son succeed in the compartmental examination and

demanded bribe of Rs.3,000/-. He further stated that the appellant

refused to reduce the bribe amount, saying that he had to give some

money to senior officers as well. He thereupon