SUKHDEV RAM Vs. C B I SPE, PUNJAB

JUDGEMENT

(1.) Sukhdev Ram, an Assistant Manager with Punjab National Bank, Sangat Mandi, District Bathinda was tried by the learned Special Judge, CBI, Patiala for offence under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (for short "the Act") on the basis of final report presented by CBI Chandigarh. Sukhdev Ram was found guilty on both counts and sentenced to rigorous imprisonment for two and a half year and to pay a fine Rs. 1500/- on the first count and rigorous imprisonment for two years and to pay a fine of Rs. 1000/- on the second count. He was also imposed sentences in default of payment of fine and both substantive sentences were directed to run concurrently. Sukhdev Ram has filed this appeal to challenge his conviction and sentence.

(2.) At the relevant time Sukhdev Ram was working as Assistant Manager with Punjab National Bank at Sangat Mandi. Rajpal Singh (PW 7) applied for a loan through an application presented to the appellant. The other documents filed with the loan application was an application form For Financial Assistance Under Prime Minister's Rozgar Yojna For Educated Unemployed Youth (PW 1/6). Loan of Rs. 25,000/- was recommended vide endorsement made on the reverse of the application (loan application is Ex. PW 1/3 and recommendation for sanction signed, by the appellant on December 3, 1997 is Ex. P 1/4).

(3.) Loan of Rs. 25,000/- was sanctioned for purchase of scooter parts. First instalment of Rs. 10,000/- was paid to Rajpal Singh through a cheque. When Rajpal Singh asked for the remaining amount of the loan to be released to him the appellant told Rajpal Singh that he should meet him on March 18, 1998 and bring a quotation and also Rs. 2500/- to which the appellant was entitled to for getting the loan sanctioned. Thereupon, Rajpal Singh obtained a quotation dated March 17, 1998 from Subhash Auto Home, Bathinda.