Mukhtiar Singh Since (Decd.) Through ... vs The State Of Punjab

2. The appellant, heir of Mukhtiar Singh (since deceased) has carried this appeal to this Court against the affirmation of his conviction under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988 (for short, hereafter referred to as 'the Act'), recorded at the first instance by the learned Special Judge, S.A.S. Nagar (Mohali) in his judgment and order dated 04.09.2009. Thereby the predecessor of the present appellant had been, as a Digitally signed by NEELAM GULATI consequence of his conviction, sentenced to rigorous imprisonment Date: 2017.07.14 16:37:08 IST Reason: for one year for the offence under Section 7 and to pay a fine of 2 Rs.2,000/- therefor and further sentenced to 2 years' rigorous imprisonment for 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.

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, demanded a further amount of 3 Rs.2,000/- as illegal gratification to file a report of exoneration. That the original accused threatened to harass the complainant if he did not submit to his demand, was also imputed. At this, the complainant approached the DSP, Vigilance, FS-I Unit – 2 Punjab, Chandigarh and lodged a complaint disclosing the above facts.

6. The said officer after recording the statement of the complainant took preparatory steps to lay a trap to intercept the original accused and set up a trap team constituting amongst others of Inspector Satpal (PW2) and Aman Kumar (PW3). Currency notes furnished by the complainant amounting to Rs. 2,000/- were smeared with phenolphthalein powder and handed over to the complainant to be delivered to the original accused on demand. Inspector Satpal (PW2) was nominated as a shadow witness to accompany the complainant so as to be a witness to the possible transaction. Subsequent thereto, on the appointed day, the trap team visited the Ajnala Police Station, whereupon the complainant and the shadow witness met the original accused in his room. Thereafter the original accused having enquired as to whether money had been brought, the complainant handed over the prepared currency notes to the former, who kept it in a card board box placed on his table. The prosecution version is that on this, the 4 shadow witness signalled the other members of the trap team waiting outside, who thereafter entered the room, confronted the original accused with the demand and receipt of the currency notes whereupon, he took out the same from the card board box and handed over those to trap team. As the fingers of the original accused when dipped in the chemical compound prepared for the purpose indicated that he had handled the currency notes, the investigating party completed the formalities and after obtaining the report of the Forensic Science Laboratory, lodged the prosecution against the original accused on obtaining the necessary sanction therefor.

7. In support of the charge under Sections 7 and 13(2) of the Act laid by the prosecution, which the original accused denied, it examined several witnesses including the complainant Sarabjit Singh (PW1), the shadow witness Inspector Satpal (PW2), Aman Kumar (PW3) and Paramjit Singh Khaira (PW5). In course of his examination under Section 313 Cr.P.C., the original accused denied the correctness 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 5 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.

9. As the impugned judgment would reveal, the High Court while noting that the original accused at the relevant time was in-charge of the investigation of the case under Sections 406,498A IPC initiated by the wife of the complainant against him, proceeded on the pre-supposition that as both the original accused and the complainant belonged to the police force, there was a remote 6 possibility of a false complaint being lodged. It held that the demand of Rs. 2,000/- and the receipt thereof had been established by the prosecution and there was no reason for the prosecution or its witnesses to lie against the original accused. The High Court however recorded that there was no direct demand of illegal gratification by the original accused from the complainant in the presence of the shadow witness at the police station, but the query made by him (original accused) of the money being brought or not did amount to such demand. In addition, the receipt of the currency notes of Rs. 2,000/- which was recovered by the trap team, did substantiate the accusation of demand as well. The High Court held the view that the imputation of false implication at the instance of the Superintendent of Police, Mukhwinder Singh Cheena, as made by the original accused in his 313 Cr.P.C. statement, in absence of any evidence, did not merit acceptance. To reiterate, the High Court thus affirmed conviction and sentence awarded by the Trial Court.

18. Sarabjit Singh (PW1), the complainant stated that on 01.06.2005, he was posted with Traffic Police at Moga and that at the instance of his wife, a case under Section 498A IPC had been registered against him in Ajnala Police Station. He stated that the original accused, who was a sub-inspector of Ajnala Police Station was conducting the investigation of the case, agreed to allow him to 12 participate in the investigation on payment of Rs. 3,000/-, which was accordingly paid. The witness alleged that the original accused made a further demand of Rs.3,000/-, whereafter negotiation was scaled down to Rs.2,000/-, so as to favour the complainant in the case, with the threat that if the demand was not met, he would see that he is harassed in connection therewith. According to this witness, he being disinclined to advance further illegal gratification, lodged a complaint with DSP Paramjit Singh Khaira, who recorded his statement and requisitioned from him currency notes of Rs. 2,000/- comprised of three notes of Rs.500 and five notes of Rs.100 each, treated 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 13 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.

27. On an overall appreciation of evidence on record, in the context of the elucidation of law pertaining to proof of the ingredients of Sections 7 and 13 of the Act as adverted to herein-above, we are of the unhesitant opinion that the prosecution 19 has failed to prove the charge levelled against the original accused beyond all reasonable doubt. The charge against him therefore fails. The Trial Court as well as the High Court had failed to analyse the factual and legal aspects as involved in their true perspectives and resultantly the determinations made are not sustainable. The impugned judgment and order of the High Court affirming the conviction and sentence recorded by the Trial Court is set aside. The appeal is allowed.

JULY 14, 2017.