ANUP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal is directed against the judgment and order, dated 24.5.1999, passed by the learned Special Judge, Faridkot, whereby the accused-appellant has been convicted for the offence punishable under Section 7 read with Section 13(2) of the Prevention of Corruption Act, 1988 (hereinafter to be referred as 'the Act') and sentenced to undergo rigorous imprisonment for six months under Section 7 of the Act and to pay a fine of Rs. 500/-, and in default of payment of fine, to undergo further rigorous imprisonment for one month. The accused-appellant was also sentenced to undergo rigorous imprisonment for one year under Section 13 (2) of the Act and to pay a fine of Rs. 500/- and in default of payment of fine, to undergo further rigorous imprisonment for one month.

(2.) In brief, the facts of the case are that the complainant Bachittar Singh son of Banta Singh got his statement recorded to the DSP (HQ) Muktsar - Jarnail Singh to the effect that he is senior Vice President of Block Congress of Bhagsar. Babu Ram son of Mulkh Raj, resident of village Bhagsar, indulges in the sale of opium, poppy husk and intoxicant pills. Said Babu Ram manufactured injuries on his person and got himself admitted in the Hospital and lodged a false report with the police saying that the injuries were caused by him (Bachittar Singh, complainant).

(3.) Thereafter, the complainant Bachittar Singh then went to Police Statiion Sadar Muktsar and reported the incident to the SHO, who directed him to contact and enquire from Police Post Lakhewali as no case was registered against him at Police Station Sadar Muktsar itself . The complainant, accordingly, went to Police Post Lakhwali along with his son Sukhmander Singh, to enquire in this regard. Anup Singh, the accused, who was then posted as Head Constable, was found present there. The complainant enquired from the accused Anup Singh about the case, on that, he told Bachittar Singh that Babu Ram had lodged a report against him for causing injuries and a case would be registered on its basis. Accused Anup Singh raised a demand of Rs. 1500/- in order to help the complainant. The complainant responded that he was a poor man but paid the amount of Rs. 1500/- which he was carrying with him at that time in the presence of his son Sukhmander Singh. Anup Singh, accused also promised Bachittar Singh, complainant to get him discharged in the case. On 16.6.1994, Bachittar Singh met DSP Jarnail Singh where he got recorded his statement, Exhibit PA and on its basis, the present case was registered.