THE STATE OF PUNJAB Vs. RATTAN SINGH

JUDGEMENT

(1.) COMPLAINANT Jagmohan Lal made the statement forming the basis of First Information Report No. 262 recorded in Police Station Kotwali, Patiala, at 3.20 p.m. of June 21, 1983 to Vigilance Inspector Bhajan Singh which reads :-

(2.) ON being charged with the commission of offences under Section 5(2) read with Section 5 (1) (d) of the Prevention of Corruption Act, 1947 and section 161 of the Indian Penal Code, Treasury Assistant accused Rattan Singh pleaded 'not guilty' thereto and claimed to be tried. Vide its impugned judgment dated February 1,1988 learned trial court acquitted the accused holding that there was no ocassion for the accused to demand illegal gratification on June 20, 1983 and for the complainant to make payment of Rs. 150/- to the accused on June 21, 1983 when the arrear bill had already been passed by the Treasury on June 20, 1983 and making payment of it was the job of Head Mistress in the School. Neither the demand for illegal gratification nor payment of tainted money by complainant to the accused having been duly proved, the accused was given the benefit of doubt and acquitted by the learned trial court. Feeling aggrieved from the judgement of acquittal aforesaid the State of Punjab has filed Criminal Appeal No. 359-DBA of 1988 in this Court against it.

(3.) ARREAR bill of the complainant was initially submitted to the treasury on June 6, 1983. After removal of the objections it was resubmitted to the treasury by the school authorities on June 15, 1983. The bill was passed by the treasury on June 20, 1983. There was thus no occasion for the accused to make a demand for illegal gratification at 2.15 p.m. after the passing of the arrear bill by the treasury. Case set up against the accused is thus an ingenuity of the Vigilance staff; more so when the conduct of Inspector Bhajan Singh (since promoted as DSP) has been adversely commended upon by the Court on several occasions for doing so.