BALDEV SINGH Vs STATE OF PUNJAB
Bench: K.S. RADHAKRISHNAN,VIKRAMAJIT SEN
Case number: Crl.A. No.-000503-000503 / 2014
Diary number: 26032 / 2013
Advocates: KAILASH CHAND Vs
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REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL No. 503 OF 2014 [Arising out of SLP(Crl.) No.9336 of 2013]
BALDEV SINGH .…..APPELLANT
Versus
STATE OF PUNJAB …..RESPONDENT
J U D G M E N T
VIKRAMAJIT SEN,J.
1 Leave granted.
2 The Appellant has filed the present Special Leave Petition (now
Appeal) in an endeavour to set aside the concurrent findings of the
Courts below with regard to his conviction and sentence under Section
13(2) of the Prevention of Corruption Act, 1988 (hereinafter ‘the P.C.
Act’). The Special Judge had convicted the Appellant, which came to be
sustained by the High Court in terms of its impugned judgment dated
8.7.2013. Accordingly, the Courts below have concurrently found the
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Appellant guilty, and sentenced him to undergo Rigorous Imprisonment
for a period of three years and to payment of a fine of Rs.5000/-, and in
default thereof, to further undergo Rigorous Imprisonment for a period
of six months.
3 According to the Prosecution, a complaint was received from
Nishan Singh, an agriculturist who along with his family owned farm
land in village Golewala, which, however, was at two separate places,
but was being irrigated at the same time. Since this was obviously
fraught with inconvenience, the Complainant wanted to have an earlier
and separate allocation of canal water for the said two parcels of land.
It was in regard to this request that the Appellant had demanded
Rs.2000/- from the Complainant, and the matter was eventually
“settled” at Rs.1000/-. The Complainant paid the said amount to the
Appellant in his house, as demanded by him, but after alerting the
Vigilance Authorities. These currency notes aggregating to Rs.1000/-
were applied with Phenolphthalein Powder and were handed over to the
Appellant in the presence of official/shadow witness, Jaskaran Singh,
who was examined as PW4. Two other official witnesses also
constituted the raid party.
4 We have perused the order of the Special Judge dated 11.8.2003,
as well as the impugned order of the High Court dated 8.7.2013, both of
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which have gone into the minute details of the case, which exercise we
do not consider necessary to replicate. Suffice it to say that the
evidence establishes that the Complainant had handed over to the
Appellant a sum of Rs.1000/- which was subsequently recovered from
beneath the files. The formality of tallying the numbers on the currency
notes was complied with, including the washing of the Appellant’s
hands in Sodium Carbonate solution, leading to his unassailable
implication. The Courts below have disbelieved the Appellant’s
version, inter alia, that the currency notes had been kept under the files
by the Complainant on his own volition without any demand being made
in that regard by the Appellant. The Courts below have also rightly
noted that the Complainant would have had no occasion to go to the
house of the Appellant unless he had been specifically called; and it was
improbable for the Complainant to be called to the home and not to the
office, unless there was some ulterior motive, such as claim and receipt
of the subject bribe. It also appears that the Complainant’s turn to
receive water would not have occurred before 1.10.2000, whereas, in
fact, water was received much in advance of the previous practice on
28.6.2000. The Appellant has not succeeded in showing any
contradiction or inconsistency in the statement of the Complainant, who
appeared as PW3 In this conspectus, we find no error in the impugned
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Judgment, which in turn affirms the Order of the Special Judge.
5 We are also not persuaded by the submissions of the learned
Counsel for the Appellant that the decision of this Court in Banarsi Dass
vs State of Haryana (2010) 4 SCC 450, is of any succour to him. The
prosecution in that case failed to establish that the accused had
demanded illegal gratification and contrary to what has been proved in
the case in hand, the recovered money was found lying on the table,
apparently on the unilateral volition of the complainant. Similarly,
C.M. Girish Babu vs CBI , Cochin, High Court of Kerala, (2009) 3
SCC 779, is also of no assistance to the Appellant because the Court
had concluded that the sum of Rs.1500/- was accepted by the Accused
in that case believing it to be repayment of a loan taken from him by
PW2, and it further held that prosecution failed to establish any demand
of bribe/illegal gratification made by the Accused to the PW10, as
PW10 did not support the story of the prosecution. This Court found
the evidence of PW2 about the demand of bribe amount by the accused
as inadmissible since the same was hearsay. A. Subair vs State of
Kerala (2009) 6 SCC 587, has enunciated that the prosecution is
required to prove that the accused in this genre of cases had demanded
and accepted illegal gratification. In A. Subair, the complainant was not
examined rendering the factum of demand unproved. Interestingly, the
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entire case was based solely on the evidence of PW10, whose evidence
was found to be lacking in quality, and , therefore, unreliable. In
contrast, both the constituents of demand and acceptance stand proved
beyond reasonable doubt in the case in hand. As early as in M.K.
Harshan vs State of Kerala (1996) 11 SCC 720, this Court has opined
that to bring home charges of bribery, the twin concomitants of
‘demand’ and ‘acceptance’ must be substantiated. In the afore-noted
case, owing to conflicting versions and suspicious feature in the story of
prosecution, the version of the Accused that the money was put in the
drawer in his office without his knowledge was found probable. The
Appellant Accused, therefore, was given benefit of doubt and thereby
acquitted. It seems to us to be irrefutable that culpability or innocence
is always regulated by the evidence that has been brought on record,
therefore, multiplying previous decisions of this Court will be of no
advantage to the Appellant. Discussing each of them will lead to
making this judgment avoidably prolix.
6 In the particular circumstances of the case, we have noted that the
Appellant is 62 years of age, and has already retired. As already
mentioned, he has been sentenced to undergo Rigorous Imprisonment
for a period of three years and to pay a fine of Rs.5000/- and in default
thereof, to further undergo Rigorous Imprisonment for a period of six
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months. Keeping in perspective the age of the Appellant and that he is
no longer in service and, therefore, cannot indulge in corrupt practices,
we are inclined to reduce the sentence to two years Rigorous
Imprisonment, but increase the fine to Rs.10,000/-, and on failure to
pay the said amount, to further undergo Rigorous Imprisonment for an
enhanced period of nine months.
7 The appeal is disposed of in the above terms.
............................................J. [K.S. RADHAKRISHNAN]
............................................J.
[VIKRAMAJIT SEN] New Delhi February 26, 2014.
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