{"id":65493,"date":"2009-07-06T00:00:00","date_gmt":"2009-07-05T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/surjit-singh-vs-the-state-of-punjab-others-on-6-july-2009"},"modified":"2018-10-21T21:08:20","modified_gmt":"2018-10-21T15:38:20","slug":"surjit-singh-vs-the-state-of-punjab-others-on-6-july-2009","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/surjit-singh-vs-the-state-of-punjab-others-on-6-july-2009","title":{"rendered":"Surjit Singh vs The State Of Punjab &amp; Others on 6 July, 2009"},"content":{"rendered":"<div class=\"docsource_main\">Punjab-Haryana High Court<\/div>\n<div class=\"doc_title\">Surjit Singh vs The State Of Punjab &amp; Others on 6 July, 2009<\/div>\n<pre>Criminal Appeal No.1046-SB of 2001                           1\n\n\n\n\nIN   THE       HIGH COURT OF PUNJAB AND HARYANA                        AT\n                     CHANDIGARH\n\n\n\n                               Criminal Appeal No.1046-SB of 2001\n                               Date of decision 06.7.2009.\n\n\nSurjit Singh\n                                     ...... Appellant.\n\n  versus\n\n\nThe State of Punjab &amp; others\n                                     ...... Respondents.\n\n\nCORAM :- HON'BLE MR.JUSTICE K.C.PURI.\n\nPresent :-     Mr. T.P.Singh, Advocate for the appellant.\n               Mr. Sudhir Nehra, Addl.AG, Punjab.\n\n\nK.C.PURI, J.\n<\/pre>\n<p>               This is an appeal directed by accused-appellant-Surjit Singh<\/p>\n<p>against the judgment dated 4.9.2001 passed by Shri Gurdev Singh, Special<\/p>\n<p>Judge, Jalandhar, vide which accused Surjit Singh has been convicted under<\/p>\n<p>Section 13(2) read with Section 7 of the Prevention of Corruption Act, 1988<\/p>\n<p>(hereinafter mentioned as &#8211; the Act) and sentenced to undergo rigorous<\/p>\n<p>imprisonment for a period of two years and to pay a fine of Rs.5000\/- and<\/p>\n<p>in default to further undergo rigorous imprisonment for a period of six<\/p>\n<p>months.\n<\/p>\n<p>             The factual matrix gathered from the record is that on<\/p>\n<p>4.11.1999 a fight has taken place between Arjan Singh on one side and<\/p>\n<p>Amar Singh, complainant (PW-5) and his family members on the other side.<br \/>\n<span class=\"hidden_text\"> Criminal Appeal No.1046-SB of 2001                               2<\/span><\/p>\n<p>In that quarrel, both the parties received injuries resulting in registration of<\/p>\n<p>FIR against the complainant (herein) and others only, which was being<\/p>\n<p>investigated by the accused-appellant. On 11.11.1999, the accused came to<\/p>\n<p>the house of the complainant. The complainant requested him to register a<\/p>\n<p>cross-case against the other party but, the accused did not pay much heed to<\/p>\n<p>his request. The accused told him that he would not arrest him, his wife<\/p>\n<p>and his son and that they should get anticipatory bail from the court, but for<\/p>\n<p>that he would have to pay Rs.5000\/- as bribe, but ultimately the amount was<\/p>\n<p>settled at Rs.3000\/- and agreed not to arrest him and his wife. He extended<\/p>\n<p>a false promise for giving that bribe to the accused, who told that he should<\/p>\n<p>come with that amount on 13.11.1999 in the house of Manjit Singh (PW-<\/p>\n<p>10), situated in Bhai Dit Singh Nagar, Jalandhar, who was his close friend.<\/p>\n<p>The complainant approached Amrik Singh DSP (PW9) and disclosed all<\/p>\n<p>these facts to him. His statement Ex.PE was recorded by the DSP. He<\/p>\n<p>produced six currency notes of Rs.500\/- each before the DSP, who smeared<\/p>\n<p>the same with phenolphthalein powder and after entering the numbers<\/p>\n<p>thereof in the memo Ex.PK, handed back those currency notes to him with<\/p>\n<p>the direction that he should hand over the same to the accused only on<\/p>\n<p>demand and should not shake hands with him.          He was accompanied by<\/p>\n<p>Sant Singh (PW6).      Sant Singh was constituted as a shadow witness and<\/p>\n<p>was directed to go to the house of Manjit Singh with the complainant and to<\/p>\n<p>give signal to the DSP after acceptance of the currency notes by the<\/p>\n<p>accused. Gurmail Singh, Assistant (PW7) was joined in the raiding party<\/p>\n<p>as an independent official witness. The DSP made his endorsement Ex.PE\/1<\/p>\n<p>upon the statement of the complainant Ex.PE and sent the same to the Police<br \/>\n<span class=\"hidden_text\"> Criminal Appeal No.1046-SB of 2001                             3<\/span><\/p>\n<p>Station and on the basis thereof formal FIR Ex.P-E\/2 was recorded against<\/p>\n<p>the accused. Thereafter this raiding party started for the house of Manjit<\/p>\n<p>Singh and stopped at some distance from that house. The complainant and<\/p>\n<p>shadow witness were sent to that house whereas the other members of the<\/p>\n<p>raiding party scattered there. Both those witnesses went inside the house of<\/p>\n<p>Manjit Singh, who was present in the drawing room of the house. The<\/p>\n<p>accused came there after sometime and demanded the bribe of Rs.3000\/-<\/p>\n<p>from Amar Singh complainant.         The complainant handed over to the<\/p>\n<p>accused said currency notes, which he put in the right side pocket of his<\/p>\n<p>trousers, after counting the same. The shadow witness made an excuse and<\/p>\n<p>came out and gave a signal to the DSP after coming out of the house. On<\/p>\n<p>the receipt of the signal, the DSP reached the spot and disclosed his identity<\/p>\n<p>to the accused. The accused was caught hold of by his arms by the members<\/p>\n<p>of the raiding party. The fingers of both the hands of the accused were<\/p>\n<p>washed in the solution of sodium carbonate and colour thereof turned pink<\/p>\n<p>from white. That solution was put in a nip Ex.P8, which was sealed with<\/p>\n<p>the seal of DSP and was taken into possession vide memo Ex.PM. On the<\/p>\n<p>direction of the DSP, the search of the accused was taken by Gurmail<\/p>\n<p>Singh, upon which six currency notes of Rs.500\/- each were recovered from<\/p>\n<p>the right side pocket of his trousers. When the numbers of those currency<\/p>\n<p>notes were compared with the numbers as entered in the memo Ex.PK,<\/p>\n<p>those tallied with each other. The currency notes Ex.P-1 to Ex.P-6 were<\/p>\n<p>taken into possession vide memo Ex.PG. On further search of the accused<\/p>\n<p>one purse containing Rs.130\/-, identity card and a wrist watch were<\/p>\n<p>recovered and the same were taken into possession vide memo Ex.PH. The<br \/>\n<span class=\"hidden_text\"> Criminal Appeal No.1046-SB of 2001                                4<\/span><\/p>\n<p>trousers of the accused were got\/removed and pocket thereof was washed in<\/p>\n<p>the solution of sodium carbonate, on which colour thereof turned white<\/p>\n<p>from pink. That solution was put in a nip Ex.P9 which was sealed with the<\/p>\n<p>seal of the DSP. The trousers of the accused Ex.P7 were also converted into<\/p>\n<p>parcel and were sealed with the same seal. Both the sealed parcels were<\/p>\n<p>taken into possession, vide memo Ex.PJ. The DSP prepared rough site plan<\/p>\n<p>of the place of recovery Ex.PN with correct marginal notes. The police<\/p>\n<p>diaries were taken into possession from the accused about which memo<\/p>\n<p>Ex.PO was prepared.       On coming back to the Police Station, the DSP<\/p>\n<p>deposited the case property with seals intact and without tampering with the<\/p>\n<p>contents thereof with Varinder Kumar Moharrir Constable (PW1). Out of<\/p>\n<p>that case property the nip parcels Ex.P8 and Ex.P9 were sent to the Forensic<\/p>\n<p>Science Laboratory, Punjab Chandigarh on 18.11.1999 through Sucha Singh<\/p>\n<p>Constable (PW-2) and were delivered at that place with seals intact. After<\/p>\n<p>analysis, it was reported by the Director of that Laboratory, vide his report<\/p>\n<p>Ex.PO that the same contained mixture of sodium ion, carbonate ion and<\/p>\n<p>phenolphthalein. After      getting necessary sanction and completion of<\/p>\n<p>investigation, challan was put in before the trial Court for trial.<\/p>\n<p>             On appearance of the accused\/appellant in the Court, copies of<\/p>\n<p>the documents were supplied to him under rules. Finding a prima facie<\/p>\n<p>case, charge under Section 13(2) read with Section 7 of the Act was framed<\/p>\n<p>against him, to which he pleaded not guilty and claimed trial.<\/p>\n<p>             Prosecution, in order to bring home guilt of the accused,<\/p>\n<p>examined Constable Varinder Kumar (PW-1), Constable Sucha Singh (PW-<\/p>\n<p>2), ASI Rajinder Singh (PW-3), SI Darshan Singh (PW-4), Amar Singh<br \/>\n<span class=\"hidden_text\"> Criminal Appeal No.1046-SB of 2001                            5<\/span><\/p>\n<p>Complainant (PW-5), Sant Singh (PW-6), Gurmail Singh (PW-7) an official<\/p>\n<p>witness, MHC Nanak Singh (PW-8), DSP Amrik Singh (PW-9) Manjit<\/p>\n<p>Singh (PW-10) and after tendering report of Forensic Science Laboratory<\/p>\n<p>Ex.PQ, the evidence was closed by the Public Prosecutor.<\/p>\n<p>            The accused was examined under Section 313 Cr.P.C., all the<\/p>\n<p>incriminating evidence was put to him. He denied the allegations and<\/p>\n<p>pleaded innocence. He stated that a criminal case was registered in the<\/p>\n<p>Police Station against the complainant, which was being investigated by<\/p>\n<p>him. He was required to arrest the complainant in that case, but he had been<\/p>\n<p>evading his arrest and had been sending messages that a counter case be<\/p>\n<p>registered against the complainant, to which he did not agree. Then Manjit<\/p>\n<p>Singh approached him with the request that he would call the complainant<\/p>\n<p>to his house and that his arrest be effected from that place. Manjit Singh<\/p>\n<p>also asked him to register a counter case against the complainant party, but<\/p>\n<p>he refused to do so on the ground that no offence could be made out against<\/p>\n<p>the complainant party.    He never demanded nor accepted any illegal<\/p>\n<p>gratification or the amount from the complainant in the house of Manjit<\/p>\n<p>Singh, on the day of occurrence, he had gone to that house in order to<\/p>\n<p>effect arrest of the complainant and when he reached inside the house of<\/p>\n<p>Manjit Singh, the complainant tried to put some money in the pocket of his<\/p>\n<p>trousers, to which he resisted and the currency notes fell on the sofa set<\/p>\n<p>lying in that room. He was falsely involved in this case in connivance with<\/p>\n<p>the complainant.\n<\/p>\n<p>            The accused was called upon to lead evidence and he examined<\/p>\n<p>Head Constable Bakshish Lal (DW-1), ASI Jasbir Singh (DW-2) and ASI<br \/>\n<span class=\"hidden_text\"> Criminal Appeal No.1046-SB of 2001                              6<\/span><\/p>\n<p>Gopal Singh (DW-3), in his defence evidence.\n<\/p>\n<p>            The learned trial Court held the accused guilty under Section 13<\/p>\n<p>(2) read with Section 7 of the Act and sentenced him as narrated above.<\/p>\n<p>              Feeling dis-satisfied with the above said judgment of<\/p>\n<p>conviction, the convict\/accused\/appellant has preferred the instant appeal.<\/p>\n<p>             Learned counsel for the appellant has submitted that in this<\/p>\n<p>case Amar Singh complainant and Sant Singh shadow witness are the star-<\/p>\n<p>witnesses beside Manjit Singh, the owner of house where amount of bribe<\/p>\n<p>has been allegedly paid to the appellant. It is submitted that these witnesses<\/p>\n<p>have not supported the case of the prosecution at all. To convict the<\/p>\n<p>accused, under Section 13(2) read with Section 7 of the Act,                the<\/p>\n<p>prosecution is required to prove the following ingredients :-<\/p>\n<blockquote><p>            (1)    the demand of illegal gratification by the accused\/public<\/p>\n<p>                   servant ;\n<\/p><\/blockquote>\n<blockquote><p>            (2)   acceptance of illegal gratification by the accused\/public<\/p>\n<p>                   servant and<\/p>\n<p>            (3)   recovery of the illegal gratification from the accused\/<\/p>\n<p>                  public servant.<\/p><\/blockquote>\n<p>            It is submitted that to prove the ingredients mentioned at No.1<\/p>\n<p>and 2 mentioned above only complainant, shadow witness or Manjit Singh<\/p>\n<p>could depose but all these three witnesses have not supported the case of<\/p>\n<p>prosecution regarding demand and acceptance of illegal gratification by the<\/p>\n<p>appellant from the complainant.\n<\/p>\n<p>            It is further submitted that the mere recovery of tainted<\/p>\n<p>currency notes is not sufficient to prove the guilt of the accused under<br \/>\n<span class=\"hidden_text\"> Criminal Appeal No.1046-SB of 2001                             7<\/span><\/p>\n<p>Section 13(2) read with Section 7 of the Act. To fortify this contention,<\/p>\n<p>learned counsel for the appellant has relied upon Balwant Singh vs. State<\/p>\n<p>of Punjab 1990(2) RCR 600. It is contended that hand wash and pocket<\/p>\n<p>wash has been explained by the appellant in his statement under Section 313<\/p>\n<p>Cr.P.C. The amount was forcibly put into the pocket of the accused. So,<\/p>\n<p>the appellant cannot be convicted on the basis of mere alleged recovery of<\/p>\n<p>tainted amount from the appellant.\n<\/p>\n<p>            It is further contended that the material witness Gurmail Singh<\/p>\n<p>(PW-7) an official witness and DSP Amrik Singh (PW-9) are discrepant<\/p>\n<p>regarding the recovery of the amount. Gurmail Singh PW7 has stated that<\/p>\n<p>recovery was made from the purse of the appellant whereas DSP Amrik<\/p>\n<p>Singh has stated that the recovery of the tainted amount has been effected<\/p>\n<p>from the pocket of the accused. So, in these circumstances prayer has been<\/p>\n<p>made for acceptance of the appeal and for acquittal of the accused.<\/p>\n<p>            Learned Additional Advocate General, Punjab Mr.Sudhir<\/p>\n<p>Nehra has submitted that recovery of the tainted amount has been taken<\/p>\n<p>place from the appellant. PW-7 Gurmail Singh and PW-9 Amrik Singh DSP<\/p>\n<p>have fully supported the case of the prosecution regarding the recovery of<\/p>\n<p>the tainted amount from the accused\/appellant. The pocket wash and hand<\/p>\n<p>wash turned pink. The said test is a definite test and there was no reason for<\/p>\n<p>falsely implicating the police official in such a case even no reason has been<\/p>\n<p>given by the accused for his alleged false implication so prayer has been<\/p>\n<p>made for dismissal of appeal.\n<\/p>\n<p>            I have heard learned counsel for the parties and have gone<\/p>\n<p>through the records of the case.\n<\/p>\n<p><span class=\"hidden_text\"> Criminal Appeal No.1046-SB of 2001                           8<\/span><\/p>\n<p>            There are three basic ingredients to prove the offence under<\/p>\n<p>Section 13(2) read with Section 7 of the Act i.e. demand, acceptance and<\/p>\n<p>recovery of tainted notes from the possession of the accused. If all the<\/p>\n<p>ingredients do not co-exist then it cannot be said that offence is made out<\/p>\n<p>against the accused. In authority in case Mathura Dass Gupta Versus<\/p>\n<p>State of Haryana 2006(1) R.C.R.(Criminal) 566, this Court has held that<\/p>\n<p>in a bribery case, the prosecution evidence should be clear and specific<\/p>\n<p>with regard to the important ingredients of offence i.e. demand, acceptance<\/p>\n<p>and recovery of tainted notes. The material witnesses to prove the demand<\/p>\n<p>and acceptance of the illegal gratification are the complainant Amar Singh,<\/p>\n<p>Sant Singh shadow witness and Manjit Singh, owner of the house where<\/p>\n<p>alleged recovery has been effected from the accused.       All these three<\/p>\n<p>witnesses have not supported the case of the prosecution and they were got<\/p>\n<p>declared hostile. So far as complainant-Amar Singh is concerned, in the<\/p>\n<p>cross-examination, he has supported the case to the extent that he went to<\/p>\n<p>the office of Vigilance Department and handed over the six currency notes<\/p>\n<p>of the denomination of 500\/- each total Rs.3000\/- to DSP Amrik Singh<\/p>\n<p>(PW-9). He has also stated that his signatures were obtained on the papers<\/p>\n<p>but, the same was not read over to him. Regarding material ingredients i.e.<\/p>\n<p>demand and acceptance of illegal gratification, this witness has not<\/p>\n<p>supported the case of the prosecution. Sant Singh shadow witness has<\/p>\n<p>totally disowned the prosecution version, including in the cross-<\/p>\n<p>examination. Manjit Singh PW has also not supported the prosecution case<\/p>\n<p>regarding demand and acceptance.\n<\/p>\n<p>            Now, the question arises whether on the basis of recovery of<br \/>\n<span class=\"hidden_text\"> Criminal Appeal No.1046-SB of 2001                              9<\/span><\/p>\n<p>tainted amount from the accused,       whether he can be convicted?        The<\/p>\n<p>answer to that question has been given by the Hon&#8217;ble Apex Court in<\/p>\n<p>authority Union of India Thr. Inspector, CBI          vs. Purnandu Biswas<\/p>\n<p>reported in 2005(4) R.C.R.(Criminal) 517. In that case, the Hon&#8217;ble<\/p>\n<p>Apex Court has held that mere recovery of currency notes from the accused<\/p>\n<p>is not sufficient to prove the ingredients of offence under the Act. While<\/p>\n<p>dealing with Section 20 of the Act, it has been laid down that first of all the<\/p>\n<p>prosecution is required to prove the demand of illegal gratification and only<\/p>\n<p>thereafter dependency upon the facts of each case presumption under<\/p>\n<p>Section 20 of the Act, can be drawn.        The trial Court, in this case, has<\/p>\n<p>convicted   the accused on the basis of testimony of official witnesses<\/p>\n<p>Gurmail Singh (PW-7) and DSP Amrik Singh (PW-9), who have supported<\/p>\n<p>the case of the prosecution regarding recovery of tainted currency notes<\/p>\n<p>from the possession of the accused. Statements of these two witnesses also<\/p>\n<p>contradicted each other. According to Gurmail Singh (PW-7) recovery of<\/p>\n<p>tainted currency notes has been taken place from the purse of the accused<\/p>\n<p>whereas according to DSP Amrik Singh (PW-9), the tainted currency notes<\/p>\n<p>have been made from the pocket of the trousers of the accused. Gurmail<\/p>\n<p>Singh (PW-7) has also given a different version inasmuch as he has stated<\/p>\n<p>that Amar Singh and Sant Singh went to the house of Manjit Singh. At that<\/p>\n<p>time accused was coming out of the house and he was caught hold by DSP.<\/p>\n<p>In fact, he was caught by two members of raiding party by his arms. He was<\/p>\n<p>again taken back inside the same house from where he had come out then<\/p>\n<p>his hands were got washed. This version has not been stated by DSP Amrik<\/p>\n<p>Singh (PW-9). This discrepancy was brought out in the notice of the trial<br \/>\n<span class=\"hidden_text\"> Criminal Appeal No.1046-SB of 2001                            10<\/span><\/p>\n<p>Court also but the trial Court has not given much importance to the said<\/p>\n<p>fact.   Regarding hand wash and pocket wash,          the witnesses of the<\/p>\n<p>prosecution have themselves explained. Complainant has stated that he<\/p>\n<p>shocked hand with the accused and he tried to put the currency notes in his<\/p>\n<p>pocket but currency notes fell on the sofa. Similar fact has been stated by<\/p>\n<p>the shadow witness.     So, the importance of hand wash and pocket wash<\/p>\n<p>looses its importance, in view of the facts stated by the prosecution<\/p>\n<p>witnesses. In authority in the case of Balwant Singh&#8217;s (supra) relied on by<\/p>\n<p>learned counsel for the appellant also it has been laid down that where<\/p>\n<p>complainant and the other witnesses have not supported the case regarding<\/p>\n<p>demand of illegal gratification, in that case the accused is entitled to the<\/p>\n<p>benefit of doubt.\n<\/p>\n<p>              So, in view of the above discussion, the judgment of the trial<\/p>\n<p>Court does not sustain the test of legal scrutiny and consequently, the<\/p>\n<p>appeal stands accepted and the accused stands acquitted by giving him<\/p>\n<p>benefit of doubt.\n<\/p>\n<p>              The fine, if any, recovered from the accused be refunded to<\/p>\n<p>him.\n<\/p>\n<p>              A copy of this judgment be sent to the trial Court for strict<\/p>\n<p>compliance.\n<\/p>\n<\/p>\n<p>                                                  ( K.C.PURI )<br \/>\n                                                     JUDGE<br \/>\nJuly 06,   2009<br \/>\nsv\n <\/p>\n","protected":false},"excerpt":{"rendered":"<p>Punjab-Haryana High Court Surjit Singh vs The State Of Punjab &amp; Others on 6 July, 2009 Criminal Appeal No.1046-SB of 2001 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Appeal No.1046-SB of 2001 Date of decision 06.7.2009. Surjit Singh &#8230;&#8230; Appellant. versus The State of Punjab &amp; others &#8230;&#8230; Respondents. CORAM [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,28],"tags":[],"class_list":["post-65493","post","type-post","status-publish","format-standard","hentry","category-high-court","category-punjab-haryana-high-court"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.3 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Surjit Singh vs The State Of Punjab &amp; Others on 6 July, 2009 - Free Judgements of Supreme Court &amp; High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/surjit-singh-vs-the-state-of-punjab-others-on-6-july-2009\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Surjit Singh vs The State Of Punjab &amp; 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