Punjab-Haryana High Court
Charanjit Lal vs State Of Haryana on 6 August, 2014
Author: Sabina
Bench: Sabina
CRA-S-2041-SB of 2003 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRA-S-2041-SB of 2003
Date of decision:- 06.08.2014.
Charanjit Lal
......Appellant
Versus
State of Haryana
.......Respondent
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Mr. Puneet Bali, Sr. Advocate with
Mr. Ankit Grewal, Advocate for
the appellant.
Mr. Chetan Sharma, AAG, Haryana.
****
SABINA, J.
Appellant Charanjit Lal has filed this appeal challenging his conviction and sentence under Section 7 of the Prevention of Corruption Act, 1988 as ordered by the Special Judge vide judgment/order dated 30.10.2003.
Prosecution story, in brief is that complainant- Lokesh Chhabra along with shadow witness Chander Bhan had approached the Deputy Superintendent of Police (hereinafter referred at 'DSP') Raj Singh on 06.09.2000. Complainant had moved a complaint before the DSP that the appellant had raised a demand of ` 1800/- from him for getting him appointed as apprentice with SANDEEP SETHI 2014.08.11 17:33 I attest to the accuracy and integrity of this document CRA-S-2041-SB of 2003 -2- Thomas Press. DSP gave demonstration of working of phenolphthalein powder (in short 'p. powder') to the complainant and other witnesses. Complainant handed over two currency notes in the denomination of ` 500/- each to the DSP who returned the same to the complainant after application of p.powder and directed the complainant to hand over the same to the accused on demand. Raiding party was organized by the DSP and Chander Bhan was directed to act as a shadow witness. Chander Bhan was instructed to give a signal to the raiding party after the bribe money was accepted by the appellant on demand from the complainant. Complainant was directed to hand over the tainted currency notes to the appellant on demand. Constable Hari Krishan was also appointed as a shadow witness. Thereafter, the raiding party left for the raid. Complainant and the shadow witnesses met the appellant and the complainant handed over the tainted currency notes to the appellant. Appellant kept the said tainted currency notes in his shirt pocket. On receipt of signal from the shadow witness, DSP along with the remaining raiding party reached the spot. When the fingers of the appellant were dipped in a solution of sodium carbonate, the colour of the solution turned pink. The said solution was put in a nip and was taken in possession. Tainted currency notes were recovered from the shirt pocket of the appellant and were taken in possession. Shirt pocket of the appellant was dipped in a solution of sodium carbonate and the colour of the solution turned pink. The SANDEEP SETHI 2014.08.11 17:33 I attest to the accuracy and integrity of this document CRA-S-2041-SB of 2003 -3- said solution was put in a nip and was taken in possession.
After completion of investigation and necessary formalities, challan was presented against the appellant.
Learned Sr. counsel for the appellant has submitted that the appellant had been falsely involved in this case as Chander Bhan-shadow witness was inimical towards him. Complainant had held an inquiry against Chander Bhan-shadow witness and due to the said inquiry report, Chander Bhan was transferred from Faridabad to Palwal. Due to this reason, Chander Bhan, in connivance with Lokesh Chhabra, had falsely involved the appellant in this case. Further the complainant had not supported the prosecution story. Chander Bhan-shadow witness had also not supported the prosecution story to the effect that the complainant had given the tainted currency notes to the appellant on demand.
Learned State counsel, on the other hand, has submitted that the prosecution had been successful in proving its case. Appellant was caught red-handed while accepting bribe from the complainant.
The prosecution case was set in motion by the complainant Lokesh Chander PW-1 by moving a complaint (Ex.P-A) to the DSP. However, the complainant, while appearing in the witness box, had not supported the prosecution case.
So far as shadow witness Chander Bhan-PW-2 is concerned, he has also deposed that on 06.09.2000, the boy had SANDEEP SETHI 2014.08.11 17:33 I attest to the accuracy and integrity of this document CRA-S-2041-SB of 2003 -4- come to him with a complaint that money was being demanded from him and in this regard, he had made a complaint to the higher officer/competent officer. He joined the raiding party as shadow witness. However, the boy did not pass on the money to the accused in his presence. He had given the signal to the raiding party on receipt of the same from the complainant. Thus, in the present case, shadow witness has not supported the factum of demand or acceptance of bribe money by the appellant from the complainant.
PW-6 S.S. Dalal was joined as an official witness. The said witness has deposed that on receipt of signal from the shadow witness, they had reached the spot and the tainted currency notes were recovered from the shirt pocket of the appellant. He also deposed that when the fingers of the appellant were dipped in a solution of sodium carbonate, the colour of the solution turned pink. The shirt pocket of the appellant was also dipped in a solution of sodium carbonate and the colour of the solution had turned pink.
PW-10 Constable Hari Krishan who was also appointed as a shadow witness deposed that Lokesh Chander had gone inside the office of the appellant while Chander Bhan was standing in the gallery and he was standing in the park. On receipt of signal from Chander Bhan, he had given a signal to the raiding party. Thereafter, the raiding party entered the office of the accused and the tainted currency notes were taken in possession. The hands as well as the shirt pocket of the accused were dipped in a solution of SANDEEP SETHI 2014.08.11 17:33 I attest to the accuracy and integrity of this document CRA-S-2041-SB of 2003 -5- sodium carbonate. However, the said witness had not deposed as to whether the colour of the solution had changed its colour.
PW-11 Raj Singh, DSP has deposed that the complainant had approached him with Chander Bhan on 06.09.2000 and had moved complaint Ex.P-A. He had shown the demonstration of working of p. powder to the witnesses. He further deposed that complainant had handed over two currency notes in the denomination of ` 500/- each to him and he had returned the same to the complainant after application of p.powder and had instructed him (complainant) to hand over the same to the appellant on demand. Chander Bhan and Constable Hari Krishan were appointed as shadow witnesses. Then they reached the spot on receipt of signal from Constable Hari Krishan. They entered the office of the appellant and recovered the currency notes from his shirt pocket. The colour of sodium carbonate turned pink when the fingers of the appellant as well as his shirt pocket were dipped in the said solutions.
Appellant when examined under Section 313 Cr.P.C. Prayed that he was innocent and had pleaded as under:-
"I am innocent. On 6.9.2000 while I was sitting in my office, the DSP Raj Singh and other police staff lifted me forcibly and this false case has been foisted against me later on in the police station. My hands and pocket of shirt were never got washed and the SANDEEP SETHI 2014.08.11 17:33 I attest to the accuracy and integrity of this document CRA-S-2041-SB of 2003 -6- currency notes of Rs.500/- each Ex.P-1 and Ex.P-2 were never recovered from my possession.
Principal ITI Faridabad who is also Assistant Apprenticeship Advisor is not competent to appoint any apprentices in any organization in district Faridabad and this is not my official duty. According to the Apprenticeship Act, 1961, the employers have full discretion to admit the apprentices subject to the minimum essential conditions laid down in the Act. Principal ITI is neither the interviewing authority nor selecting authority. I have no role to play in the recruitment of apprentices."
DW-1 Kapoor Singh Yadav deposed that a complaint was received against Chander Bhan, PW-2 and the same was sent to the appellant for inquiry. Appellant submitted a report dated 13.01.1998 (Ex. D.D). Chander Bhan was transferred from ITI Faridabad to Palwal vide order dated 30.07.1998 (Ex. D.G). He further deposed that so far as appellant was concerned, there was no adverse entry against him in his record.
In the present case, complainant, while appearing in the witness box, has not supported the prosecution case and the shadow witness has not deposed with regard to the factum of demand or receipt of bribe money by the appellant. So far PW-6 S.S. Dalal is concerned, he is the witness qua recovery of the tainted SANDEEP SETHI 2014.08.11 17:33 I attest to the accuracy and integrity of this document CRA-S-2041-SB of 2003 -7- currency notes from the appellant. So far as PW-10 Hari Krishan is concerned, although, he was appointed as a shadow witness but he has also not deposed with regard to the demand or acceptance of bribe money by the appellant from the complainant. The said witness has only deposed that currency notes in question were recovered from the appellant. Although, the witness deposed that the hands as well as the shirt pocket of the appellant were washed in a solution but he has not deposed to the effect that the colour of the said solution had changed to pink. In these circumstances, the plea taken by the appellant when he was examined under Section 313 Cr.P.C. gains significance. The possibility that appellant might have been falsely involved in this case at the instance of PW-2 Chander Bhan cannot be ruled out. From the statement of DW1, it is evident that a complaint against PW-2 Chander Bhan was marked to the appellant for inquiry and the appellant had submitted a report against the said witness. PW-2 Chander Bhan was transferred from ITI Faridabad to Palwal. Apparently PW-2 Chander Bhan had an axe to grind against the appellant. PW-2 Chander Bhan, in his cross-examination, has denied that any inquiry was marked against him. The said statement of PW-2 Chander Bhan is against the record. Record qua inquiry held by the appellant against PW-2 Chander Bhan has been proved on record by DW1 Kapoor Singh Yadav.
It is a settled proposition of law that whenever there is any doubt in the prosecution case, benefit of the same has to be SANDEEP SETHI 2014.08.11 17:33 I attest to the accuracy and integrity of this document CRA-S-2041-SB of 2003 -8- extended to the accused. In the present case, the prosecution case is rendered doubtful as it was possible that PW-2 Chander Bhan, in connivance with the complainant, might have falsely involved the appellant in this case. Hence, the appellant is liable to be acquitted from the charge framed against him by giving benefit of doubt.
Accordingly, this appeal is allowed. Conviction and sentence of the appellant as ordered by the Special Judge vide judgment/order dated 30.10.2003 are set aside. Consequently, appellant is acquitted of the charge framed against him.
(SABINA) JUDGE August 06, 2014.
sandeep sethi SANDEEP SETHI 2014.08.11 17:33 I attest to the accuracy and integrity of this document