STATE OF PUNJAB Vs. SATNAM SINGH

JUDGEMENT

(1.) The instant application has been filed under Section 378(3) Cr.P.C. for grant of leave to appeal against the impugned judgment dated 09.08.2011 passed by the learned Judge, Special Court, Sangrur, whereby the respondent has been acquitted of the charges framed against them.

(2.) Brief facts of the case are that Karnail Singh, who had retired as a Naik from the Indian Army in the year 1982 and was drawing pension from Indian Army, was in need of yearly renewal of his pension book and visited office of defence disbursement and pension officer in December 2005 for that purpose twice or thrice and met concerned clerk Satnam Singh accused only to be ward off on one excuse or the other. On 20.12.2005, Karnail Singh met accused Satnam Singh again and requested for renewal of his pension book adding that it was a quite troublesome job to get it renewed every year and on being asked by Karnail Singh to suggest a convenient mode the accused asked for an application in the name of DPDO and said the complainant that rest of the matter would be managed by him and demanded illegal gratification to the tune of Rs.8,000/-. Upon the complainant pleading with the accused of his inability to pay that much, he ultimately agreed to do the job on being paid Rs.5,000/- as illegal gratification in the noon of 21.12.2005. Since, Karnail Singh was not willing to give bribe to the accused he discussed the matter with his co-villager Paramjit Singh and they decided to inform the matter at Vigilance Bureau, Sangrur. Thereafter, on 21.12.2005 Karnail Singh and Paramjit Singh visited DSP at Vigilance Bureau, Sangrur to tell him entire matter. Statement so made by Karnail Singh was reduced into writing by DSP Ravinder Singh who forwarded it to Police Station Vigilance Bureau, Patiala, where it led to the registration of FIR. DSP Ravinder Singh requisitioned services of Surinder Kumar, an Assistant Engineer in the office of Chief Agriculture Office Sangrur and Santosh Kumar, Clerk from the office of Executive Engineer, Irrigation Branch, Sangrur and conducted a raid at the office of the accused-respondent and caught him red handed accepting bribe in the shape of tainted currency notes from Karnail Singh.

(3.) After completion of investigation, challan against the accused was presented in the Court. Thereafter, charge was framed against the accusedrespondent to which he pleaded not guilty and claimed trial.