STATE OF PUNJAB Vs. HARBHAJAN SINGH

JUDGEMENT

(1.) APPELLANT -State has filed this appeal against judgment dated 19.1.1991 vide which respondents were given benefit of doubt and were acquitted of the charges framed against them.

(2.) IN brief, it is the case of prosecution that Sohan Lal one of the respondents had demanded Rs. 1,500/ - from one Chamkaur Singh husband of Charanjit Kaur -complainant, by stating that he will pay the same. to S.I. Harbhaja Singh -respondent to get Charanjit Kaur -complainant released from the polio custody in F.I.R. No. 28, dated 24.5.1987 under Section 15 of N.D.P.S. Act. It was further alleged that father -in -law of the complainant -Bhag Singh then paid Rs. 1,500/ - to Sohan Lal who passed over that money to S.I. Harbhajan Singh -respondent, but still, Charanjit Kaur was not released from police custody and rather involved in a false criminal case in F.I.R. No. 28, dated 24.5.1981, Charanjit Kaur, thereafter, was released on bail by the competent Court.

(3.) THEN , a complaint was made against the respondents to the higher police officials and ultimately a memo was sent by D.S.P., Vigilance Bureau, Sangrur on 13.10.1988 to Police Station, Mehal Kalan for registration of a case against the respondents under Section 5(4) (d) read with Section 5(2) of the Prevention of Corruption Act, 1947 and accordingly F.I.R. (Exhibit PB/1) was recorded Prosecution led evidence to prove the guilt of the respondents -accused. After conclusion of prosecution evidence, statements of the respondents -accused west recorded under Section 313 of Criminal Procedure Code, wherein, both of them denied allegations levelled against them. They pleaded their false implication.