IMPORTANT POINT
Once the demand and voluntary acceptance of illegal gratification knowing it to be the bribe is proved by evidence, conviction must follow.

JUDGMENT

R.K. Agrawal, J.

1) This appeal has been filed against the judgment and order dated 28.07.2011 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No. 852-SB of 2002 whereby the High Court disposed of the appeal filed by the appellant herein against the judgment and order dated 03.05.2002 passed by the Special Judge, Patiala in C.C. No. 20 T/2001/11.4.97 by affirming the conviction while reducing the sentence.

2) Brief facts:

(a) Mukhtiar Singh-the appellant herein was posted as Revenue Patwari at Patiala at the relevant time. One Arjan Singh-the complainant approached the appellant herein in his office and requested for a copy of Jamabandi of his land for the year 1992-93. As per the prosecution, the appellant herein agreed to supply the copy provided he was paid Rs. 600/-. The complainant was asked by the appellant herein to come along with the money on the next day.

(b) The complainant (PW-6), who was not willing to pay the bribe to the appellant herein, disclosed the entire incident before one Bakhshish Singh (PW-8) and requested for his help. On 06.09.1996, Bakhshish Singh and Arjan Singh lodged a written complaint to the Deputy Superintendent of Police, Vigilance Bureau, Patiala.

(c) On the abovesaid complaint, a trap was laid and currency notes in the denomination of Rs. 500/-and Rs. 100/-smeared with phenolphthalein powder and after duly recording their numbers were handed over to the complainant.

After following the due procedure, the raiding party along with Arjan Singh (PW-6) and Bakhshish Singh (PW-8) reached the spot. When the complainant went inside the office along with Bakhshish Singh, he found the appellant herein sitting on his chair and on seeing them; the appellant herein asked the complainant if he had brought the money. Arjan Singh responded in affirmative and handed over the currency notes to the appellant herein which was kept by the appellant-accused in his right hand side upper drawer of the table. The appellant-accused handed over the copy of the jamabandi after obtaining the signature of the complainant.

(d) The shadow witness-Bakhshish Singh came out of the office of the appellant-accused and signaled in a specific manner. Thereupon, the investigating officer-Shri Amar Nath, DSP, Vigilance Bureau along with the raiding party and the official witness-Kewal Krishan (PW-5) went inside the office of the appellant-accused. The money was recovered and the handwash of the appellant-accused was taken which turned pink. After following the necessary formalities, a First Information Report (FIR), being No. 58 dated 06.09.1996 came to be registered under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988 (in short ‘the PC Act’).

(e) The Special Judge, Patiala, vide order dated 03.05.2002 in C.C. No. 20 T/2001/11.4.97 convicted the appellant-accused under Section 13(1)(d) read with Sections 13(2) and 7 of the PC Act and was sentenced to undergo rigorous imprisonment (RI) for 2 (two) years each under Section 7 and Section 13(2) of the Act with the direction that sentences shall run concurrently.

(f) Being aggrieved by the order dated 03.05.2002, the appellant-accused preferred a Criminal Appeal being No. 852-SB of 2002 before the High Court. The High Court, by order dated 28.07.2011, confirmed the order of conviction passed by the Special Judge while reducing the sentence of imprisonment from two years to one year for each of the two offences.

(g) Being aggrieved by the order dated 28.07.2011, the appellant-accused preferred this appeal by way of special leave before this Court.

3) Heard the arguments advanced by learned counsel for the parties and perused the records.

Rival submissions:

4) Learned counsel for the appellant-accused contended before this Court that the High Court ought to have appreciated that the copy of the Jamabandi of the land of the complainant was prepared on 04.09.1996 and there was no occasion for the appellant-accused to have demanded the