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2017 (7) TMI 1307
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....or the offence under Section 13(2) of the Act along with fine of Rs. 2,000/- with related default sentence. 3. Though this verdict was challenged before the High Court by the original convict, he, during the pendency of the appeal expired, whereupon the present appellant got herself substituted with a bid to purge him of the stigma. She having failed in her endeavour as the appeal has been dismissed, seeks redress from this Court. 4. We have heard Mr. O.P. Bhadani, learned counsel for the appellant and Ms. Jaspreet Gogia, learned counsel for the respondent. 5. Sans the unnecessary details, the essence of the prosecution case is that the predecessor of the appellant, Mukhtiar Singh (also referred to hereinafter as original accused) while was serving as Station House Officer of Police Station, Ajnala was entrusted with the investigation of the case launched against Sarabjit Singh (complainant) by his (Sarabjit) wife under Sections 406,498A IPC. It was alleged by the complainant-Sarabjit Singh that the original accused in order to favour him in the investigation demanded and received bribe of Rs. 3,000/- from him (Sarabjit) and in the process and at the fag-end of the probe, demand....
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....ss of the incriminating evidence adduced by the prosecution and pleaded to be innocent. He categorically denied to have either made any demand for illegal gratification or having received any bribe from the complainant and alleged that the complainant was a relative of Superintendent of Police, Mukhwinder Singh Cheena, who constantly pressurised him (original accused) not to file charge-sheet in the case lodged against the complainant and that as he (original accused) did not succumb thereto, he was falsely implicated in the case through Sarabjit. The original accused also examined Lakhwinder Singh as a defence witness to demonstrate that the prosecution case of demand and recovery through a trap drill was a myth and that instead on the basis of the stratagem between Sarabjit and Superintendent of Police, Mukhwinder Singh Cheena, he was forcibly lifted from outside the Ajnala Police Station and embroiled by fabricating records. 8. The Trial Court however on the basis of the evidence on record held the charge against the original accused to be proved and as referred to hereinabove, the High Court by the impugned order, has sustained the conviction and sentence so recorded by it. 9....
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....he decision of this Court in P. Satyanarayana Murthy vs. District Inspector of Police, State of Andhra Pradesh and Another(2015) 10 SCC 152). 11. As against this, the learned Counsel for the respondent has submitted that the evidence adduced by the prosecution is cogent and convincing and in the face of the concurrent findings of the two two courts below holding that the charge against the original accused had been established, no interference is warranted. She has further asserted that not only the essential ingredients of the offence under Sections 7, 13(2) of the Act have been amply proved by the prosecution, the view taken by the Trial Court and affirmed by the High Court finds endorsement in the pronouncements of this Court in Somabhai Gopalbhai Patel vs. State of Gujarat (2014) 5 SCC 103) and Mukhtiar Singh vs. State of Punjab(2016) 11 SCC 357). 12. The contrasting arguments and the evidence on record to the extent essential and relevant have been analysed. 13. Before averting to the evidence, apt it would be to refer to the provisions of the Act whereunder the original accused had been charged: "7. Public servant taking gratification other than legal remuneration in res....
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....absence of any evidence to prove payment of bribe or to show that the accused had voluntarily accepted the money knowing it to be bribe, conviction cannot be sustained. 15. In P. Satyanarayana Murthy (supra), this Court took note of its verdict in B. Jayaraj vs. State of A.P.6 underlining that mere possession and recovery of currency notes from an accused without proof of demand would not establish an offence under Section 7 as well as Section 13(1)(d)(i) and (ii) of the Act. It was recounted as well that in the absence of any proof of demand for illegal gratification, the use of corrupt or illegal means or abuse of position as a public servant to obtain any valuable thing or pecuniary advantage cannot be held to be proved. Not only the proof of demand thus was held to be an indispensable essentiality and an inflexible statutory mandate for an offence under Sections 7 and 13 of the Act, it was held as well qua Section 20 of the Act, that any presumption thereunder would arise only on such proof of demand. This Court thus in P. Satyanarayana Murthy (supra) on a survey of its earlier decisions on the pre-requisites of Sections 7 and 13 and the proof thereof summed up its conclusion....
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....ed those with phenolphthalein powder and constituted a trap team with Inspector Satpal as shadow witness and Aman Kumar Mani and Shashi Kant. The witness further stated that the police party thereafter visited Ajnala Police Station and he and Inspector Satpal met the original accused in his room and on being asked as to whether the money had been brought or not, he handed over Rs. 2,000/- as prepared to the original accused, who received the same and after counting the money kept in a card board box. At this, the shadow witness signalled the waiting members of the raiding party along with the DSP Paramjit Singh Khaira, who entered the room, intercepted the original accused and recovered the currency notes on being handed over by him on demand. The witness also stated about the exercise undertaken by dipping the hands of the original accused in the liquid compound prepared, which turned pink to indicate that he had handled the currency notes treated with phenolphthalein. The witness also proved the currency notes as Ex. P1 to P8. 19. In his cross-examination, the complainant admitted that M.S. Cheena, the then Superintendent of Police, Vigilance was posted as S.S.P, Moga but denied....
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....nd that the same tallied with those set out in the memo prepared by the police. He proved as well the currency notes as Ex.P1 to P8. 23. Superintendent of Police, Paramjit Singh Khaira (PW5), deposed that he was posted as DSP (Vigilance) FS-I, Unit-2, Punjab, Chandigarh on 01.06.2005. He stated that on that day, he recorded the statement of the complainant pertaining to the demand of illegal gratification made by the original accused. He thereafter constituted a trap team as above and treated currency notes totalling Rs. 2,000/- for the exercise and led the party to the Ajnala Police Station. The witness affirmed that Inspector Satpal was nominated as the shadow witness to accompany the complainant to witness the actual transaction and track the accompanying conversation and to give signal to the trap team at the appropriate point of time. This witness however stated in categorical terms that the complainant and the shadow witness went to the house of the original accused whereas the other members of the trap team waited outside and when Inspector Satpal flagged his signal, the house of the accused situated near Ajnala Police Station was raided. He stated that the police party int....