STATE OF PUNJAB Vs. KUSHAL SINGH PATHANIA

JUDGEMENT

(1.) THIS appeal filed under Section 378 of the Code of Criminal Procedure, 1973 (for brevity, Cr.P.C.) is directed against the judgment of acquittal dated 26.9.1994 passed by the Special Judge, Hoshiarpur. The accused-respondent has been absolved of the charge framed under Section 13(2) of the Prevention of Corruption Act, 1988 (for brevity, 'the Act'). A Division Bench of this Court has granted leave to appeal to the State on 18.10.1995 directing the issuance of bailable warrants to the accused-respondent.

(2.) FEW facts would be necessary to appreciate the arguments raised by the parties. The accused-respondent has been working in the Punjab State Electricity Board (for brevity, 'the Board') and during the relevant period was posted as a Sub-Divisional Officer at Sub-Station Kandhala Jattan. He is alleged to have demanded illegal gratification from one Jarnail Singh the Manager of Motia Oil Industry, Khokhar by stating that an Xen had then joined who is very strict person and in order to avoid electricity cut imposed during peak hours which applied to Motia Oil Industry also and to avoid harassment on that account, it has to pay Rs. 3,000/- P.M. regularly to him. The accused- respondent is alleged to have demanded from Jarnail Singh, Manager a sum of Rs. 3,000/- P.M. regularly and a sum of Rs. 2,000/- was settled as a bribe. On 3.8.1992 Jarnail Singh along with one Jaswinder Singh alleged to have approached the D.S.P. Vigilance for reporting the alleged demand of illegal gratification by the accused-respondent. His statement Ex. PD is alleged to have been recorded and preparation for laying the trap was made. On Roshan Lal, Tehsildar was also joined by the D.S.P. Vigilance.

(3.) THE prosecution examined 10 witnesses out of 14 witnesses. PW-1 Swaran Chand and PW-2 Devinder Singh have produced the relevant record concerning the accused-respondent. They further deposed that the electricity supply to Motia Oil Industry is made from the independent Feeder S.S.E. Tanda. PW-3 Gian Singh is a Superintendent who brought the posting order of accused-respondent showing that he was working as Sub-Divisional Officer at Sub-Station Kandhala Jattan.