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2010 DIGILAW 635 (PNJ)

Mukhtiar Singh v. State Of Punjab

2010-01-27

A.N.JINDAL

body2010
Judgment A.N.Jindal, J. 1. Assailed in this appeal is the order dated 25.8.2005 passed by the learned Special Judge, Ferozepur, convicting the accused-appellant (herein referred as the accused) under Sec.7 read with Sec.13 (2) of the prevention of Corruption Act, 1988 (herein referred as the Act) and sentencing him to undergo rigorous imprisonment for one year and to pay fine of Rs.2000/-. 2. Brief resume of facts is that on 4.2.1999 Pargat Singh- complainant (herein referred as the complainant) had gone to Punjab National Bank, Tibbi khurd for preparation of limit to obtain loan and for the said purpose, the copies of the khasra girdawari were required. The complainant met the accused who was posted as Patwari in that area and requested for issuance of copies of the khasra girdawari. He visited the accused 2-3 times in his office situated in village Sahnke near Mamdot, however, the accused demanded a sum of Rs.1000/- as bribe for issuing the copies of the khasra girdawari, but, the deal was struck at Rs.500/-. The complainant did not want to give bribe to the accused, therefore, he met Mehal Singh the then Deputy Superintendent of Police and got recorded his statement. The complainant produced five currency notes of the denomination of Rs.100/- each. The numbers of the said notes were noted and phenolphthalein powder was applied and thereafter the said currency notes were handed over to the complainant. It was directed that complainant would not shake hands with the accused before making payment. Balwant Singh was deputed as shadow witness and he was directed to hear and observe the talk between the accused and the complainant. He was further directed to give signal to the raiding party as and when the accused accepts the money. Before handing over the tainted money to the complainant, demonstration was also made vide memo Ex. P8. Raj Kumar, an employee of the District Treasury office was also joined as an official witness in this case. The complainant and balwant Singh, a shadow witness, were directed to go to the office of the accused and the remaining police party stood scattered and waited for the signal. As per plan, the complainant handed over the tainted money to the accused on demand and received the copies of the khasra girdawari. After the signal was received, a raid was conducted and the accused was apprehended red handed. As per plan, the complainant handed over the tainted money to the accused on demand and received the copies of the khasra girdawari. After the signal was received, a raid was conducted and the accused was apprehended red handed. A glass of water was called in which sodium carbonate was mixed. First of all the hands of Raj Kumar were washed in the said solution but the colour of the solution was not changed and on hand wash of the accused in the said solution, the colour of the said solution changed to light pink. The same was sealed with the seal bearing impression "mss" and was taken into police possession. Personal search of the accused was conducted and from the front pocket of his shirt five currency notes were recovered and were taken into police possession vide memo Ex. P3. Further, one identity card and Rs.50/- were recovered from the front left pocket of the shirt which were taken into possession vide memo Ex. P4 attested by the witnesses. Again solution of sodium carbonate was prepared and front pocket of the shirt worn by the accused was dipped and the colour of the solution changed into pink. The same was taken into possession and sealed with the seal bearing impression "mss". The complainant also produced copies of the khasra girdawari which were taken into police possession vide memo Ex. P6. State plan Ex. P17 was prepared; statements of the witnesses were recorded; and the accused was arrested. Sanction Ex. P12 from collector Ferozepur was obtained. On completion of the investigation, the accused was challaned. 3. Finding a prima facie case, the accused was charged for the offence punishable under Sec.7 read with Sec.13 (2) of the Act to which he pleaded not guilty and claimed trial. 4. The prosecution led evidence and ultimately the trial ended in conviction. Arguments heard. Record perused. 5. The accused was apprehended red handed. The demand and acceptance of the tainted notes to the tune of Rs.500/- has been duly established. The complainant had disclosed about the demand of bribe by the accused to Balwant singh. The complainant while appearing as PW-2 has fully supported the prosecution case with regard to demand of money by the accused and receipt thereof. The other argument that there are discrepancies in the statements of the prosecution witnesses also does not weigh with the mind of this court. The complainant while appearing as PW-2 has fully supported the prosecution case with regard to demand of money by the accused and receipt thereof. The other argument that there are discrepancies in the statements of the prosecution witnesses also does not weigh with the mind of this court. The minor discrepancies are bound to occur in the statements of the truthful witnesses. It cannot be expected from the truthful witnesses to make a verbatim statement which could suggest tutoredness, rather the minor discrepancies suggest their truthfulness. Balwant Singh shadow witness (PW3) and Kewal Krishan (PW4), both are quite consistent in their statements and corroborate the testimony of the complainant. They also prove the recovery of the tainted money from the accused. DSP Sukhdev Singh (PW7), Des Raj (Retd.) Inspector Vigilance department (PW8) and DSP (Retd.) Mehal Singh Investigating Officer (PW11) have also lent support to the version as set up by the prosecution. No plausible defence has been led by the accused in order to prove his innocence. 6. Under these circumstances, the findings returned by the trial court with regard to guilt of the accused stand affirmed. Resultantly, finding no merit in the appeal the same is dismissed.