HARDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Both these appeals are directed against judgment of conviction and order of sentence both dated 25.9.2009 passed by Special Judge, Mansa, vide which appellants-accused Hardeep Singh and Gora Lal were held guilty in case FIR No.152 dated 13.11.2002 registered at Police Station, Sardulgarh for commission of offence punishable under Sections 7, 12 and 13(2) of the Prevention of Corruption Act, 1988 (hereinafter mentioned as the Act) and were sentenced as under: <FRM>JUDGEMENT_453_TLP&H0_2014_1.html</FRM>

(2.) The prosecution case, put in a narrow compass, is as under: Complainant Lachhu Ram is a resident of Nohar, District Hanumangarh (Rajasthan). He has a big land holding and is an agriculturist. Om Parkash, a businessman at Sardulgarh is his nephew. On 3.8.2002, complainant Lachhu Ram had received information that his nephew Om Parkash had been arrested from his house by the police. On receipt of this information, the complainant alongwith his brother Balbir Singh reached Police Station, Sardulgarh, District Mansa on 3.8.2002 at 9.00 a.m. by car driven by one Rakesh Kumar. ASI Hardeep Singh, investigating officer of the said case, met him. On his instructions, the complainant talked with Gora Lal, who explained to him that he was acting as a middleman in finalising deals with the police. He assured to get the matter settled. A veiled threat was also held out to the complainant that the police was to arrest family members of Om Parkash showing them as members of one gang. It is further the case of the prosecution that Gora Lal demanded Rs.2 lacs for payment of which amount the complainant expressed his inability and decided to contest the case in the court. On his refusal to part with a bribe amount of Rs.2 lacs, Gora Lal immediately went inside the Police Station and came back with ASI Hardeep Singh, who showed his displeasure and in anger, threatened to implicate both of them in the same case. He also got car of the complainant parked in the Police Station and also threatened to detain both of them and their driver in the police lock up. Gora Lal prevailed upon the complainant to give a second thought to the matter to avoid imminent problem for them in case of non-payment of bribe amount. Since neither the complainant nor his brother Balbir Singh had sufficient cash with them, ASI Hardeep Singh asked the complainant to arrange the money. The complainant went to collect the amount and met his relatives at Nohar and Sirsa and having collected Rs.1,80,000/- came back at about 10.00 a.m. on 4.8.2002 and went to the house of ASI Hardeep Singh alongwith Gora Lal and handed over cash of Rs.1,80,000/- to him. The amount was accepted by Hardeep Singh ASI as illegal gratification though it was less than Rs.2 lacs.

(3.) On finding a prima-facie case, accused Hardeep Singh was charge-sheeted under Section 7 and 13(2) of the Act, whereas accused Gora Lal was charge-sheeted under Section 12 of the Act by the trial court vide order dated 2.8.2004, to which they pleaded not guilty and claimed trial.