SANTOSH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment/order of sentence dated 06.05.2004 passed by the court of learned Special Judge, Amritsar whereby he convicted and sentenced the accused Santokh Singh, to undergo rigorous Imprisonment for a period of one year and to pay a fine of Rs. 500/- under Section 7 of the Prevention of Corruption Act, 1988 (for brevity, the Act) and in default of payment of fine to further undergo rigorous imprisonment for one month and also sentenced him to undergo rigorous imprisonment for one year and to pay a fine of Rs.500/- under Section 13(2) of the Act and in default of payment of fine to further undergo rigorous imprisonment for one month, with a further direction that both the sentences shall run concurrently.

(2.) SHORTLY put, the facts of the prosecution case are that Bakshish Singh PW approached the accused who was posted as revenue Halqa patwari for getting the certified copies of jamabandi. He was put off on one pretext or the other. On 21.07.2000 he again went to the accused and requested him for supply of such documents. The accused demanded an amount of Rs.5000/- as illegal gratification for giving these documents. Ultimately, this amount was reduced to Rs. 2,500/-. On 25.07 .2000 he along with Manga! Singh went to Vigilance Bureau, Amritsar. He produced two currency notes in the denomination of Rs 500/- each before Ranvir Singh D.S.P. After observing the usual formalities, the raiding party was constituted. Bakashish Singh along with Mangal Singh went inside the office of the accused. On receipt of appointed signal, the members of the raiding party went inside. The tainted currency notes were recovered from the right side, drawer of table of the accused. The formalities were observed.

(3.) WHEN examined under Section 313 Cr.P.C, the accused denied all the incriminating circumstances appearing in the prosecution evidence against them and pleaded innocence as well as false implication. He has come up with the plea that on 24.07.2000 Bakshish Singh complainant had an altercation with him and had threatened him in the presence of Anokh Singh on account of issuance of jambandi. In his defence, he has examined Anokh Singh DW1, Kirpal Singh DW2 and Tarsem Singh DW3.