DEVINDER SARUP Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an appeal filed by Devinder Sarup which is directed against the judgment of Shri T. S. Cheema, Special Judge, Rupnagar dated 28th February, 1979 by which the appellant has been convicted under Section 5 (2) of the Prevention of Corruption Act (hereinafter referred to as the Act) and has been sentenced to rigorous imprisonment for one year and a fine of Rs. 400, in default to undergo rigorous imprisonment for three months. He also stands convicted under Section 342 of the Indian Penal Code and sentenced to one year's rigorous imprisonment. Both the substantive sentences have been made to run concurrent.

(2.) THE facts of the prosecution case are as under: On 9-12-1976, Devinder Sarup was posted as Station House Officer, Anandpur Sahib, Balwinder Singh, Hazara Singh and Pohu Lal and nine others hailing from the same village used to do the work of Palledar in Anandpur Sahib Town. They used to come to Anandpur Sahib early in the morning and return to their village in the evening. Whatever money they earned during the day, the same they pooled in the evening and divided in equal share. On the date of occurrence in the evening. as usual, Hazara Singh and his 11 companions after day's work were present at the shop of Yog Raj, a tea-vendor of Anandpur Sahib in order to divide their day's earnings. The pooled money of the day's income worked out to Rs. 169 which after counting had been placed on a parna spread on the floor of the verandah of the tea-vendor. They were yet to apportion the pooled money when the accused Devinder Sarup accompanied by some Constables arrived there. He grabed the pooled money together, with the parna and also rounded up all the 12 persons and took them to the local police station on the Representation that they had Ween found gambling with money in public premises. Hazara Singh and his companions told the tea-vendor (Yog Raj) to pass on the information about this incident to their Village Sarpanch Lakshmi Chand. On reaching the police station, Hazara Singh and his companions were illegally confined inside the premises of the police station. After about two or three hours of the said incident, a telephonic message was received at the police station from the Sub-Divisional Magistrate. , Consequently, excepting Balwinder Singh, Kapura and Anant Ram, all others were let off. These three persons were detained in the police station and on the following morning, they were taken to local Civil Hospital to get them operated for vasectomy. It is stated that the Hospital Authorities were still busy with the preliminaries in order to perform operation on these persons when the Sub-Divisional Magistrate too arrived there and through his intervention, Balwinder Singh and his two companions were let off. In compliance with the orders of the Sub-Divisional Magistrate, Moharrir Head Constable of the police station brought Rs. 57 and offered to pay the same to Balwinder Singh and his companions but the latter refused to accept the same. Balwinder Singh and his companions represented to the then Chief Minister, Punjab. The Superintendent of Police, Rupnagar forwarded the application Ex. PA of Balwinder Singh and others to the District Magistrate, Rupnagar with a view to procure his order under Rule 16. 38 (i) of the Police Rules. The District Magistrate accorded the necessary sanction and this led to the registration of a case against the accused. After necessary investigation, the accused was challaned.

(3.) IN order to prove its case, the prosecution examined 14 witnesses. When examined under Section 313, Criminal Procedure Code, the accused denied the prosecution allegations and pleaded false complicity in the case. He, however, examined Om Parkash (D. W. 1) and Ram Lal (D. W. 2) besides tendering into evidence some documents in defence.