PATIAL HOUSE COURTS, NEW DELHI
Date of Judgement: 29th May 2014
Bench: Hon’ble Madhu Jain J.
Relevant Acts/Sections:
- Section 13(1)(d) in the Prevention of Corruption Act, 1988
- Section 13(2) in the Prevention of Corruption Act, 1988
- Section 120B IPC (Punishment of criminal conspiracy)
Branch: Forensic Physics
Backstory
On 05th May 2003, CBI received a complaint from complainant Shri Lalit Kumar (runs shop no. 2, Near Syndicate Bank, Sector 5, R.K.Puram, New Delhi). The municipal councilor of the area Hiren Tokas (accused) to stop demolishing the shop by MCD, he demanded Rs. 1 lac bribe. On the statement of Lalith Kumar a complaint was registered.
During March-April 2003 and on 07th April 2003, Hiren Tokas threatened Lalith Kumar that the shop would be demolished at the earliest, as Lalith Kumar had made the complaint. Hiren Tokas suggested they avoid the demolition. The complainant has to meet Subhash Jain. Thereafter Lalith Kumar and Mahipal Singh met Subhash Jain. Subhash Jain told both the brothers to pay Rs. 1 lac till the evening of 09th April 2013 to Hiren Tokas on this condition the demolition can be avoided. Mahipal Singh requested repeatedly, so they reduced the amount to Rs. 50,000/-, the first installment Rs. 20,000/- should be paid in two days, and remaining Rs. 30,000/- should be paid in 7-10 days. Hiren Tokas threatened the brothers if in case the bribe amount was not paid, the shop will be demolished. For the necessary action, the complaint was marked they consisted of Inspector Surinder Malik along with the trap team comprising Inspector A.K. Singh, SI Prem Nath, and SI Lalith Kaushik and case no. RC.DAI 2003A0026 09th April 2003 was registered.
In the direction of Inspector Surinder Malik and A.K Singh, the sum of Rs. 20,000/- treated with Phenolphthalein powder, and then the amount was kept in the right-side pant pocket of Mahipal Singh and directed to hand over the amount to an accused person only. At about 1:00 P.M., Mahipal Singh made a telephonic call on mobile no. 56001927 of Hiren Tokas from his mobile no. 9811153303, and the conversation was recorded in Samsung Digital Recorder and got the signature of both the witnesses and sealed with the help of the CBI seal.
They handed the Samsung Digital Recorder over to Mahipal Singh to record the conversation with an accused person. At about 02:15 P.M., Mahipal Singh met Hiren Tokas and handed over the tainted Rs. 20,000/- bribe amount, Hiren Tokas accepted the amount and kept it in his right-hand kurta pocket. Then Mahipal Singh scratched his head to give the signal and the trap team came over there and took Hiren Tokas to CBI HQ. Thereafter in a neat and clean glass of water they prepared a colorless solution of sodium carbonate, they asked Hiren Tokas to dip his right fingers in the solution and the right-side kurta pocket was washed with sodium carbonate. On doing the colorless solution turned to pink color, and the solution transferred to clean glass and sealed and marked as “RHW” (Right Hand Wash) and RSKPW” (Right Side Kurtha Pocket Wash). The number of recovered GC notes from Hiren Tokas was compared with the handing over the memo, and both the numbers are confirmed. The tainted amount of Rs. 20,000/-, a white kurta of accused and “RHW”, “RSKPW” marked bottles were taken into police possession and the same along with Questioned Voice Recording (Q) and Specimen Voice Recording (S) of Hiren Tokas was forwarded to CFSL.
Forensic Report
Dr. Rajinder Singh Principal Scientific Officer & Head of Physics & Forensic Voice Identification Division, examined the Questioned Voice Recording (Q) with Specimen Voice Recording (S) by auditory and voice spectrographic techniques and found that Questioned Voice Recording (Q) tallied with Specimen Voice Recording (S) of Hiren Tokas, he proved in his report. The opinion of CFSL on two bottles “RHW” and “RSKPW” gave a positive test for the presence of phenolphthalein and sodium carbonate.
Judgement
Hiren Tokas therefore, convicted for the offences under Section 120B IPC and Section 7 and Section 13(1)(d) of the Prevention of Corruption Act, read with Section 13(2).
Accused Subhash Chander Jain is acquitted for the offences under Section 7 and Section 13(1)(d) of the Prevention of Corruption Act, read with Section 13(2).