AMARJEET KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) APPELLANT faced trial qua commission of offence punishable under Section 384 of the Indian Penal Code, 1860 ('IPC' for short) and Sections 7 and 13(2) of the Prevention of Corruption Act, 1988 (for short 'the Act') in FIR No. 8b dated 6.7.2008 registered at Police Station Rampura. Prosecution story in brief, is that on 21.6.2008. Jagtar Singh submitted an affidavit before Station House Officer Police Station Rampura stations therein that he owned a Marriage Palace alongwith Gurtej Singh. On 11.05.2008. marriage of daughter of Mukhtiar Singh took place in his Marriage Palace. At about 7.00 p.m., Jaswinder Kaur, who had come to attend the wedding asked the complainant to arrange for a conveyance for her. At that time, Jaswinder Kaur sat in then office as they were busy in arranging the articles. At about 9.00/9.30 am., when they were about to arrange for a vehicle for Jaswinder Kaur then appellant came there in a Car bearing No. DL -4CF/1996 driven by Kala Ram. Appellant told the complainant and Gurtej Singh that they had kept a lady in the Marriage Palace with whom they were having illicit relations. Appellant gave beatings to Jaswinder Kaur. Appellant made Gurtej Singh to sit in her Indica Car, whereas, the complainant and Jaswinder Kaur were made to sit in Maruti Car belonging to complainant. Then, they reached Jaura bridge where the appellant asked the complainant as to whether they wanted to settle the matter or they should be taken to the Police Station. Out of fear, complainant told the appellant that they were reads to settle the matter. Appellant took them to the house of Kala Ram and raised a demand of Rs. 1.00.000/ - from them. The deal was struck at Rs. 80.000/ -. Complainant paid Rs. 4000/ - to the appellant and promised to pay the remaining amount at a later date. On 12.5.2008, appellant rang up the complainant and demanded the remaining money from him. Complainant and Gurtej Singh gave Rs. 36,000/ - to the appellant at about 8.30 p.m. in the house of Kala Ram. After some time, complainant received a phone call from the appellant that she had received the money and directed him to pay the remaining amount on the next day at 10.00 a.m. in the Gurdwara Sahib. As arranged complainant and Gurtej Singh paid Rs. 40,000/ - to the appellant in the Gurdwara Sahib.

(2.) AFTER completion of necessary formalities, challan was presented against the appellant.

(3.) AFTER the close of prosecution evidence, appellant when examined under Section 313 of the Code of Criminal Procedure, 1973, had prayed as under: - -