DILBAG Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant was convicted for the offence under sects on 5(1)(d) read with section 5(2) of the prevention of Corruption Act and was sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 500/- or in default of payment of fine, to undergo rigorous imprisonment for three months. He was further convicted for the offence under section 161, Indian Penal Code, and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 200/- or in default of payment of fine, to undergo further rigorous imprisonment for one month; by .the learned Special Judge, Jalandhar. Both the substantive sentences were, however, ordered to run concurrently. Hence this appeal against his conviction and sentence.

(2.) The prosecution case as set up at the trial was that P.W. 1 Gulzar Singh contractor, who had executed some contracts, applied for the refund of his securities lying deposited in the office of the Block Development and Panchayat Officer, Bhogpur (hereinafter called the B.D. P.O.). The appellant at the relevllnt time was posted as Accountant in the office of the B.D.P.O. The appellant when contacted by Gulzar Singh (P. W. 1) to get his report on the application, continued to put off the matter.

(3.) It is alleged that on 28th July , 1981, at about 10 a.m. Guizar Singh (P. W. 1) again went to the appellant and requested him to make a report so as to enable him to get the amount of his securities refunded. The appellant demanded bribe of Rs. 40/- for doing the needful. Gulzar Singh P.W. 1 did not want to pay him the bribe, but he told him that be would make arrangements for the payment. The appellant told Gulzar Singh P.W. that be would be available in his office the whole day.