Punjab-Haryana High Court
Maru Ram vs State Of Haryana on 5 December, 2013
Author: Sabina
Bench: Sabina
Crl. Appeal No. 798-SB of 2004 (O&M) -1-
In the High Court of Punjab and Haryana at Chandigarh
Crl. Appeal No. 798-SB of 2004 (O&M)
Date of Decision: 5.12.2013
Maru Ram ......Appellant
Versus
State of Haryana .......Respondent
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Mr. Sandeep Kotla, Advocate
for the appellant.
Mr. Gaurav Dhir, DAG, Haryana.
****
SABINA, J.
Appellant had faced trial in FIR No. 27 dated 2.11.2001 under Section 7 and 13(1)(d) of Prevention of Corruption Act, 1988 ('Act' for short), registered at Police Station SVB Gurgaon.
Prosecution story, in brief, is that on 18.5.2001, a transformer along with cable was stolen. Complainant Nanak Chand moved an application for installing the transformer. Appellant who was posted as Junior Engineer demanded bribe to the tune of ` 1,000/-. On the basis of the statement of the complainant, formal FIR was registered by Ravinder Kumar, Deputy Superintendent of Police ('DSP' for short). Complainant handed over ten currency notes in the denomination of ` 100/- each to the DSP, who returned the same to the complainant after application of phenolphthalein powder ('P-Powder' for short). Complainant was instructed to hand over the said currency notes to the appellant on demand. Virender Singh, Assistant Sub Singh Gurpreet 2013.12.12 15:59 I attest to the accuracy and integrity of this document chandigarh Crl. Appeal No. 798-SB of 2004 (O&M) -2- Inspector was directed to act as a shadow witness and was instructed to give a signal to the raiding party after the bribe money was accepted by the appellant on demand. Demonstration with regard to working of P-Powder was shown to the witnesses. Thereafter, the raiding party left for the raid. Complainant handed over the tainted currency notes to the appellant on demand. On receipt of signal from the shadow witness, DSP along with the remaining members of the 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 made into a sealed parcel and was taken in possession. The tainted currency notes were taken in possession from the shirt pocket of the appellant. When the shirt pocket of the appellant was dipped in a solution of sodium carbonate, the colour of the solution turned pink. The said solution was put in a nip and was made into a sealed parcel and was taken in possession.
After completion of investigation and necessary formalities, challan was presented against the appellant.
Charge was framed against the appellant under Section 7 and 13(1)(d) of the Act.
In order to prove its case, prosecution examined 10 witnesses during trial.
Appellant when examined under Section 313 of the Code of Criminal Procedure, 1973 ('Cr.P.C.' for short), after the close of prosecution evidence, prayed as under:-
"Nanak Chand complainant had asked about the SDO and I said that he is not present today in the office Singh Gurpreet 2013.12.12 15:59 I attest to the accuracy and integrity of this document chandigarh Crl. Appeal No. 798-SB of 2004 (O&M) -3- thereafter he said that he has to pay him a sum of Rs. 1000/- which I refused to take, but he forcibly tried to push the same into my pocket and I resisted. In the meantime, police arrived there and arrested me. I am innocent and have been falsely implicated in this case."
Appellant did not examine any witness in his defence.
Trial Court vide judgment/order dated 7.4.2004/9.4.2004 ordered the conviction and sentence of the appellant under Section 7 of the Act. Hence, the present appeal by the appellant.
I have heard the learned counsel for the parties and have gone through the record available on the file carefully.
In the present case, complainant while appearing in the witness box as PW-7 deposed that the appellant had never demanded any money from him. In fact, the bribe had been demanded by Sub Divisional Officer and he had paid ` 1,000/- to the said officer as part payment for installation of transformer. On the day of raid, when he had entered the office of the Sub Divisional Officer, he found appellant present there. He had kept ` 1,000/- in the shirt pocket of the appellant so that he could hand over the same to the Sub Divisional Officer. Appellant was in the process of returning the said amount to him (complainant) but police party arrived at the spot and apprehended the appellant.
PW-9 Virender Singh is the shadow witness. He has deposed that Nanak Chand had gone inside the office of the appellant and both appellant and Nanak Chand came out of the office while he (witness) was standing on one side of the varandah. Complainant gave ` 1,000/- to the appellant and he gave a signal Singh Gurpreet 2013.12.12 15:59 I attest to the accuracy and integrity of this document chandigarh Crl. Appeal No. 798-SB of 2004 (O&M) -4- to the DSP.
Thus, in the present case, the factum of demand and acceptance of bribe by the appellant is not established on record as the complainant has categorically deposed that the appellant had not demanded bribe from him. Rather, bribe had been demanded from him by the Sub Divisional Officer and he had put the tainted currency notes in the shirt pocket of the appellant so that he could hand over the same to the Sub Divisional officer. In view of the statement of the complainant, the plea taken by the appellant, in his examination under Section 313 Cr.P.C., gains significance. So far as the shadow witness is concerned, he has also not deposed qua demand of bribe by the appellant from the complainant. The said witness has only deposed to the effect that the tainted currency notes were handed over by the complainant to the appellant. In this regard, complainant has stated that he had handed over the tainted currency notes to the appellant so that he could hand over the same to the Sub Divisional Officer. Although, in the present case, the hand wash as well as pocket wash of the appellant had turned the colour of sodium carbonate solution to pink, but that fact in itself is not sufficient to order the conviction of the appellant. Appellant has also not denied the factum of raid but has taken the plea that the money was being given to him by the complainant and he had refused to take the same and it was forcibly thrust in his pocket. In this process, it is evident that the P-Powder must have travelled on the hands as well as the shirt pocket of the appellant which in turn turned the colour of the sodium carbonate solution to pink at the time of hand wash and pocket wash of the appellant.
Singh Gurpreet Thus, in the present case, prosecution has failed to 2013.12.12 15:59 I attest to the accuracy and integrity of this document chandigarh Crl. Appeal No. 798-SB of 2004 (O&M) -5- establish the demand and acceptance of bribe by the appellant. It is a settled proposition of law that an accused is presumed to be innocent till proved guilty. However, in the present case, prosecution had failed to prove its case against the appellant.
Accordingly, this appeal is allowed. The impugned judgment/order dated 7.4.2004/9.4.2004 of conviction and sentence of the appellant, are set aside. Consequently, appellant is acquitted of the charges framed against him.
(SABINA) JUDGE December 05, 2013 Gurpreet Singh Gurpreet 2013.12.12 15:59 I attest to the accuracy and integrity of this document chandigarh