SUKHDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant was tried qua commission of offence punishable under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (for short 'the Act') in FIR No.56 dated 28.9.1999 registered at Police Station Vigilance Bureau Patiala. The trial Court vide judgment/order dated 15.5.2004 ordered the conviction and sentence of the appellant under Section 7, 13(1)(d) read with Section 13(2) of the Act. Hence, the present appeal by the appellant.

(2.) Prosecution story,in brief, is that Sadhu Ram-complainant was running a flour mill with the help of Generator Machine. On 27.9.1999, appellant-Sukhdev Singh, who was working as Junior Engineer with the Punjab State Electricity Board at Khera Manakpur, came to his house and asked the complainant to show any document with regard to grant of permission to run the grinding machine.

(3.) Appellant raised a demand of Rs. 1000/- from the complainant for allowing him to run the grinding machine by putting a wire directly on the main line. The matter was settled at Rs. 500/-. The complainant did not want to pay the bribe money to the appellant. Hence, the complainant approached the Vigilance Department. Complainant handed over one currency note in the denomination of Rs. 500/- to the Deputy Superintendent of Police, who after application of Phenolphthalein powder (hereinafter referred to as 'P.Powder), on the same returned it to the complainant for handing over the same to the appellant on demand. Nand Lal was deputed to act as a shadow witness and was directed to give a signal to the raiding party after the bribe money was accepted by the appellant on demand. Witnesses were shown demonstration with regard to working of P.Powder.