SOM LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In this appeal, appellant Som Lal has impugned the judgment of conviction and the sentence order dated 3.10.2000 passed by the learned Special Judge, Jalandhar, whereby he was convicted under Section 13 (2) of the Prevention of Corruption Act, 1988 (for short 'the Act') and sentenced to undergo rigorous imprisonment for a period of one year and to pay fine of Rs. 2000/- in default whereof to undergo further rigorous imprisonment for six months. The accused was, however, not held guilty by the trial Court under Section 7 of the Act on account of the fact that the accused-appellant had demanded the illegal gratification for the work which had already been done by him and, as such, that act did not fall within the purview of Section 7 of the Act.

(2.) The case of the prosecution, in brief, is that complainant Harbans Singh wanted to make Khasra Girdawari of the land, which was under his cultivation after its purchase in the year 1988-89, in his favour. For this purpose, the complainant had to approach appellant Som Lal, who was posted as Qanungo. The appellant told the complainant when he approached him that he would have to pay Rs. 3000/- to him (appellant) as illegal gratification for that purpose. However, the matter was settled at Rs. 1000/-.

(3.) As the complainant did not want to pay illegal gratification, he along with Tarlochan Singh, approached the Vigilance Bureau at Jalandhar, contacted Deputy Superintendent of Police Harish Kumar and made statement before him on 31.3.1997 giving details of the bribe demanded by the accused-appellant. A raid was accordingly organized to nab the appellant. The members of the raiding party included complainant Harbans Singh, Tarlochan Singh, who was to act as a shadow witness, Deputy Superintendent of Police Harish Kumar, Kulwant Singh, Panchayat Officer, who was joined in the police party as an independent witness and other police officials.