TAKHAT SINGH: Vs. THE STATE OF PUNJAB:

JUDGEMENT

(1.) Takhat Singh son of Assa Singh stands convicted by the Special Judge, Patiala vide judgment dated May 31, 1989, for an offence punishable under Sec. 5(2) of the Prevention of Corruption Act, 1947 and Sec. 161 of the Indian Penal Code. He has been sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 500.00 in default to further undergo RI for 3 months under Sec. 5(2) of the Prevention of Corruption Act and to undergo RI for one year and to pay a fine of Rs. 250.00 in default to further undergo RI for two months, under section 161 Indian Penal Code. Both the substantive sentences of imprisonment have, however, been ordered to run concurrently.

(2.) The prosecution story in brief is that Baljit Singh (PW-6) wanted extension of load on his electric motor from 3 Horse Power to 5 Horse Power. For this purpose, he had made an application (Exhibit P9) in the Grid Sub Division, Bhadson. The said application was pending with Takhat Singh appellant, who was posted as Revenue Accountant in the said Department. On 29.2.198, Baljit Singh complainant went to the said Sub Division and met the appellant. He requested the appellant to process his application and complete all the formalities including his signatures, but the appellant allegedly made a demand of Rs. 50.00 as bribe. Since the complainant did not want to pay the bribe, he made a false pretext that he did not have the money that day and would meet the appellant on March 1, 1988. The complainant along with Amar Singh (PW-7) came to the Vigilance Bureau office Patiala on 1.3.1988 and met Inspector Satya Nand (PW-9) and made a statement (Exhibit-PE) before the said Inspector. He produced two currency notes of the denomination of Rs. 20.00 each and one currency note of the denomination of Rs. 10.00 before the Inspector. The formality of putting the Phenolphthalein Powder. The formality of putting the Phenolphthalein Powder (PP powder) was also done and then they went to Bhadson. The complainant initially approached the appellant, who made a demand of Rs. 50.00 Baljit Singh handed over the same to the appellant. Thereafter Amar Singh, who was made a shadow witness, gave the fixed signal to the raiding party headed by Inspector Satya Nand and consequently the appellant was apprehended in his office itself. The currency notes of Rs. 50.00 initialled by Inspector Satya Nand were allegedly recovered from the pocket of his pant. Thereafter the appellant was asked to dip his hand into the solution of Sodium Carbonate, which. turned slight pinkish. After completion of the other formalities, the case was registered against the appellant.

(3.) The appellant was charged for the offences indicated above. On a consideration of the entire evidence, the learned trial Court convicted and sentenced him as aforesaid. Aggrieved by the judgment of his conviction and sentence, the appellant has preferred the present appeal.