STATE OF PUNJAB Vs. HARJINDER KUMAR

JUDGEMENT

(1.) Challenge in this appeal is to the judgment dated 30.05.2011 passed by Special Judge, Gurdaspur acquitting the respondent-accused of the charge framed against him under Section 7 read with Section 13 (2) of the Prevention of Corruption Act, 1988.

(2.) Brief facts of the case are that on 06.04.2000, DSP Gurmit Singh was present at his office, where complainant made his statement Ex.PB that he and his brother Joginder Singh purchased a tractor on 18.03.2000. He prepared a file for temporary registration certificate and approached accused Harjinder Kumar on 05.04.2000. The complainant was informed that he will be charged Rs.1,000/- and the matter was settled at Rs.800/-. Thereafter, the complainant approached the Vigilance Department.

(3.) Thereafter, Mr. Danial was made a shadow witness and complainant was given one currency note of the denomination of Rs.500/- and three notes of the denomination of Rs.100/- each smeared with powder, to be given to the accused. The shadow witness was to accompany the complainant and to hear the talks between the complainant and the accused and on receipt of money by the accused, to give a signal to the police party.