KARTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) APPELLANT , by filing this appeal, has laid challenge to the judgment and order dated 26.11.1991, vide which, he was found guilty and convicted for commission of an offence under Section 8 of the Prevention of Corruption Act, 1988 (in short the Act) and was sentenced to undergo RI for a period of one year and to pay a fine or Rs. 5,000/-. In default of payment of fine, he was to further undergo RI for a period of six months.

(2.) AS per prosecution story, appellant had worked as Special Protection Officer (SPO) w.e.f. 5.6.1989 to 12.7.1989. It was allegation against him that after leaving service, he contacted certain innocent persons like Inderjit Singh, Sukhdev Singh etc. and assured them that he could get them enrolled as SPOs and he had developed relations with high police officials. For the said purpose, he demanded Rs. 3,000/- to Rs. 4,000/- to spend on entertaining senior officials. Money was paid to him as desired, however, none of the persons, from whom money was received, was got enrolled as SPO. He continued to assure them regarding their enrollment and even got Rs. 200/- from each of them on the pretext that the money was needed for the purpose of verification of their antecedents. He got signatures of those aspirants on blank papers.

(3.) ON completion of prosecution evidence, statement of the appellant/accused was recorded under Section 313 Cr.P.C., wherein he denied all the allegations appearing against him in prosecution evidence and claimed false implication. He took up a stand that he had falsely been implicated in this case at the instance of one Press Reporter, namely, Mahant and Mohan Singh Falianwala State President of Bahujan Samaj Party. He further alleged that all the prosecution witnesses belong to the party named above.