BANT SINGH Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment/order passed by the Judge, Special Court, Faridkot who vide order dated 15.9.1988 convicted and sentenced the appellant to undergo RI for one year and to pay fine of Rs. 1,000/- and in default of payment of fine to undergo RI for three moths under Section 5(2) read with section 5(1)(d) of the Prevention of Corruption Act (hereinafter called 'the Act') and to undergo RI for one year and to pay a fine of Rs. 1,000/- and in default of payment of fine to undergo RI for 3 months under Section 161 Indian Penal Code.

(2.) THE case of the prosecution is that the appellant was posted as Revenue Patwari, Halqua Fatehgarh on 21.2.1984 and accepted Rs. 50/- at Fatehgarh from Balaur Singh PW as illegal gratification for supplying copy of jamabandi. The charge against the appellant was framed under section 5(1)(d) read with Section 5(2) of the Act and Section 161 Indian Penal Code. After conclusion of the trial, the appellant was convicted and sentenced as mentioned in paragraph 1 of the judgment, aggrieved by which the present appeal has been preferred. Shri S.C. Chhabra, counsel for the appellant submitted that the appellant has been prosecuted on the same allegations in which after full trial the appellant was acquitted by the Judge, Special Court, Faridkot vide order dated 9.4.1985. Copy of the judgment has been brought on record as Annexure D-1. He contended that no one can be vexed twice for the same offence as it amounts to double jeopardy.

(3.) I have considered the submissions made by the counsel for the parties and have perused the record.