LAWS(P&H)-2013-3-411

HARI CHAND Vs. STATE OF PUNJAB

Decided On March 18, 2013
HARI CHAND Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) Appellant had faced trial qua commission of offence punishable under Section 7 read with Section 13(2) of the Prevention of Corruption Act, 1988 (for short 'the Act') in FIR No. 39, dated 23.12.2005 registered at Police Station Vigilance Bureau Phase No.1, Punjab at Mohali. The trial Court vide judgment/order dated 02.03.2010 ordered the conviction and sentence of the appellant under Section 7 read with Section 13(2) of the Act. Hence, the present appeal by the appellant.

(2.) Prosecution story, in brief, is that a case under Section 420 of the Indian Penal Code ,1860 ('IPC' for short) was registered against the complainant -Jagsir Singh at Police Station Malout. Although, the case was initially registered against Sukchain Singh and others but lateron the involvement of the complainant also figured in the said case. Challan was presented against the complainant and others. Appellant was posted as Assistant Sub Inspector in the Police Station Malout. Appellant demanded Rs. 5000/- from the complainant as bribe for helping him in the criminal case. The matter was settled at Rs. 3000/-. Complainant approached the Vigilance Authority on 23.12.2005.

(3.) On the basis of the statement of the complainant, First Information Report in question was registered against the appellant.