GURMUKH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal has been instituted by Gurmukh Singh against judgment and order dated 14.7.1992 passed by Special Judge, Ropar, whereby he was found guilty and convicted under Sections 5(2) of the Prevention of Corruption Act, (hereinafter referred to as the 'Act') and sentenced vide order of even date to undergo rigorous imprisonment for 1 1/2 years and fine of Rs. 500.00; in default of payment of fine, he was further sentenced to R.I. for six months.

(2.) Briefly stated,'the facts are that PW8 Kuljit Singh went to the office of Punjab State Electricity Board, Ropar, on 18.2.1986 to get a copy of the demand notice as the original had been lost by him. He had sought a connection for installing electric motor in his land. He approached the appellant who demanded Rs. 100.00 for issuance of duplicate copy of the demand notice. Kuljit Singh did not want to pay the said amount. However, he went to PW6 Iqbal Singh, the Commission Agent and took Rs. 100.00 from him for payment as illegal gratification to the appellant.

(3.) Thereafter Kuljit Singh along with Iqbal Singh went to the office of the Vigilance Department, Ropar. PW7 Shri Amar Singh, Inspector Vigilance, met them there. Kuljit Singh made statement Ex. PH to him. It was read over to him and he signed the same after admitting it to be correct. Inspector Amar Singh made endorsement Ex. PH/1 and sent it to the Police Station, Ropar, for registration of a case on the basis of which formal FIR Ex.PH/2 was recorded.