HAMID MOHAMMAD @ DEVA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Hamid Mohammad and Satar Mohammad were prosecuted for the offences under Sections 7 & 13(2) of the Prevention of Corruption Act, 1988 (herein referred as 'the Act') and 420 IPC, consequently, the trial Court while acquitting them of the charges under Section 7 & 13 (2) of the Act, convicted and sentenced them to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 12,500/- each under Section 420 IPC. It was further directed that on realization, a sum of Rs. 20,000/- would go to the complainant.

(2.) Factual matrix of the case is that Hamid Mohammad was working as Assistant Line Man in P.S.E.B. Chaurwala Grid District Fatehgarh Sahib and accused Satar Mohammad is his son. Under a settlement, accused persons had received a sum of Rs. 40,000/- on 25.10.1996 and Rs. 1,10,000/- on 07.12.1996 from complainant Hardayal Singh (herein referred as 'the complainant') with the promise that they will get employment for his sons. However, the accused neither provided employment nor returned the money, therefore, on the basis of the aforesaid secret information dated 13.08.1998, a case was registered against them under Sections 420 IPC as well as 13(1)(d) read with Section 13(2) of the Act and investigated. The accused were arrested. During investigation, the accused disclosed before DSP Harjap Singh that they had concealed two fake and forged orders Ex.P1 and P2 and he could get the same recovered, therefore, in pursuance of the said statement, he got recovered the said fake orders, which were taken into possession vide memo Ex.P7. On completion of investigation, challan was presented against them.

(3.) They were charged for the aforesaid offences to which they pleaded not guilty and opted to contest.