LAWS(P&H)-2010-10-160

MOHINDER SINGH Vs. STATE OF PUNJAB

Decided On October 08, 2010
MOHINDER SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) The accused appellant Mohinder Singh (herein referred as 'the accused') was convicted and sentenced to undergo rigorous imprisonment for 2= years and to pay fine of Rs. 2000/-, each, under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988 (for brevity 'the Act'). -

(2.) The accused was a Junior Engineer in the Punjab State Electricity Board at the relevant time. The transformer, from which the electricity was being supplied to the complainant was burnt, which was neither being rectified, nor replaced. On 9.6.1998, complainant Dharam Singh (herein referred as 'the complainant') went to the office of the accused and made a request for rectifying the fault or to replace the transformer, but the accused replied saying that it would have to be replaced, provided he pays Rs. 1000/- on account of illegal gratification to him. However, the bargain was settled at Rs. 800/-. The complainant being reluctant to pay the gratification went to Sukhdev Singh PW and narrated to him the whole episode. Thereafter, both of them approached the Vigilance Bureau, Patiala and the complainant suffered statement, on the basis of which the First Information Report Ex.PB was recorded. The complainant produced a sum of Rs. 800/- before Deputy Superintendent of Police Ranjit Singh Dhillon, who after treating the currency notes with phenolphthalein powder, returned the same to the complainant with a direction to hand over the same to the accused on demand. After completing the formalities, the Investigating Officer sent the statement of the complainant to the police station, on the basis of which First Information Report was registered and they proceeded to the office of the accused. As directed, on demand by the accused, the tainted amount was tendered by the complainant to him. Sukhdev Singh then signalled the police party, upon which the Investigating Officer accompanied by the independent witness and other police officials reached the place, where the accused was found occupying a chair in the office. After getting hand-wash of the accused, searched him, whereupon the accused handed over a sum of Rs. 800/- i.e, tainted money after picking up the same from a store like room. On completion of the investigation, the challan was presented against the accused.

(3.) He was charged under Sections 7 and 13 of the Prevention of Corruption Act, to which he pleaded not guilty and claimed trial.