MALHARA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant stands convicted for an offence under Sections 13(1)(d) of the Prevention of Corruption Act. He has been sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 1000/- and in default of payment of fine to undergo further rigorous imprisonment for one month. He has now filed this appeal to challenge his conviction and the award of sentence.

(2.) As per the prosecution, the appellant while working as Labour cum Shop Inspector had demanded a bribe of Rs. 1000/- from the complainant when he found him to have opened the shop on Sunday. The complainant had allegedly opened his shop on Sunday when he was earlier challaned for a sum of Rs. 400/-. This time i.e. on 01.03.1998 appellant told the complainant that he would impose heavy fine and so demanded Rs. 1000/- as bribe to let him off. The complainant replied that he was unable to pay Rs. 1000/- and ultimately the bribe amount was settled for Rs. 600/-. The complainant agreed to pay the illegal gratification as demanded by the appellant and it was settled that complainant would bring the agreed amount on 06.03.1998 at the office of the appellant at Gill Road Ludhiana.

(3.) The complainant states that he was not interested in paying this bribe. Accordingly, reported this matter to the Vigilance Department. He was asked to produce six currency notes of 100 denomination each by DSP Pinder Singh. In this manner the raid was organized and the appellant was allegedly apprehended red handed while demanding and accepting the bribe. After investigation appellant was prosecuted leading to the finding and the sentence as imposed. He is, therefore, before this Court through the present appeal.