SUKHCHAIN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Sukhchain Singh has challenged his conviction under Section 13(1)(d) of Prevention of Corruption Act, 1988 (hereinafter referred to as "1988 Act"), for which he was punished under Section 13(2) of 1988 Act, to undergo rigorous imprisonment for one year and to pay a fine of Rs. 500/-. In default of payment of fine, to further undergo rigorous imprisonment for a period of three months.

(2.) The appellant was named as accused in case FIR No. 91 dated 26.9.1994 registered at Police Station Sidhwan Bet, under Section 13(2) of 1988 Act. One Jarnail Singh son of Kirpal Singh was also named as co-accused. The trial Court acquitted Jarnail Singh. Present appellant has prayed that impugned judgment be set aside as same cannot be sustained on law and facts of the case.

(3.) A glaring feature of this case is that no recovery of the amount of bribe was effected from the appellant or his co-accused. Five months after the alleged amount of bribe was paid, complainant has levelled this bald allegation on basis of the affidavit submitted to the police authorities. Except the oral allegation that the amount was paid, there is nothing on the record to substantiate this allegation. No raiding party was constituted. There is no shadow witness. There is no independent witness to corroborate the testimony of complainant.