RACHHPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal is directed against the judgment and order dated 8.9.2000 passed by the learned Special Judge, Jalandhar, whereby the accused/Appellant has been convicted and sentenced to undergo R1 for a period of one year and to pay a fine of Rs. 500/- or in default of payment of fine, to further undergo RI for a period of two months for the offence under Section 7 of the Prevention of the Corruption Act, 1988 (for short 'the Act'). He is also sentenced to undergo RI for a period of one year and to pay a fine of Rs. 500/- or in default of payment of fine, to further undergo RI for a period of two months under Section 13(2) of the Act. Both the sentences were ordered to run concurrently.

(2.) Brief facts of the prosecution case are that Rakesh Kumar, herein 'complainant' had set up a factory in Bhargo Camp, Jalandhar for manufacturing scissors used for surgical purposes. The complainant submitted an application in the Abadpura Sub-Division, P.S.E.B. for obtaining electric connection. He paid the requisite fee for this purpose. The S.D.O. made an order for the release of electric connection in the favour of complainant. However, the same was not installed in his premises. In this regard, the complainant met Rachhpal Singh, herein 'the Appellant', who was posted as J.E. But the Appellant kept on postponing the matter on one pretext or the other. On 22.11.1994, the complainant alongwith Jit Lal again went to the office of Appellant and requested him for the installation of Electric Meter. The accused/Appellant demanded Rs. 1,000/- as illegal gratification for doing the needful. After negotiation, the deal was settled for Rs. 700/- The complainant after making false promise to the accused left the office of the accused with the assurance to the accused/Appellant that he would bring the aforesaid amount. The complainant then approached DSP Harish Kumar and narrated the episode to him.

(3.) DSP Raghbir Singh recorded the statement of the complainant, Exhibit PB. After making endorsement, Exhibit PB/1 on it, the same was sent to the police station for registration of the case. On the basis of which, formal FIR, Exhibit PB/2, was registered in Police Station Division No. 6, Jalandhar.