SWARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appellant has assailed the judgment dated 19.10.2000, passed by the Special Judge, Fatehgarh Sahib who convicted and sentenced the appellant to undergo rigorous imprisonment for a period of 1 year along with a fine of Rs. 500/ - under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act (hereinafter referred to as the Act). In default of payment of fine, he was to further undergo imprisonment for 3 months. The appellant was also sentenced to undergo rigorous imprisonment for a period of 9 months and to pay a fine of Rs. 500/ - under Section 7 of the Act. In default of payment of fine, he was to further undergo rigorous imprisonment for 3 months.

(2.) THE appellant was a Assistant Treasurer in the Treasury Office at Amloh. Avtar Singh, complainant wanted to sell his land for Rs. 33,000/ - to his brother. The complainant contacted a deed writer who asked him to get stamp paper worth Rs. 2,000/ - for executing the sale deed. The complainant went to the treasury office on 26.05.1998 and met the appellant. The complainant presented a form along with Rs. 2,000/ - for purchasing non -judicial stamp papers. The appellant demanded Rs. 100/ - more. The complainant wanted to know why the additional amount was being demanded, upon which the accused told him that it was for his "Chai Pani". The complainant asked him as to whether he would issue a separate receipt for Rs. 100/ - on which the accused retorted that no receipt can be issued. The complainant came out of the office saying that he did not have Rs. 100/ - with him. The accused kept the form and the amount of Rs. 2,000/ - with him and directed the complainant to get Rs. 100/ - on the next day and take the stamp papers. The complainant returned to his village where his sister's husband Avtar Singh, resident of village Dadheri had also come. The complainant disclosed about the demand of Rs. 100/ - made by the treasury officer. On the following day, the complainant and his brother -in -law contacted DSP Vigilance and FIR Ex. P5 came to be registered. A trap was laid. The complainant was handed over a currency note of Rs. 100/ -. The numbers of the currency note were noted and Memo Ex. P6 was prepared. The DSP gave a demonstration to the complainant to show the effects of phenolphthalein powder and demonstration memo Ex. P7 was prepared. Avtar Singh was nominated as a shadow witness who was to hear the conversation. The complainant was directed to give the signal once the money had passed over.

(3.) SANCTION for the prosecution was taken and report under Section 173 Cr.P.C. was presented. The Special Judge, finding a prima -facie case, framed the charges against the appellant to which he pleaded not guilty and claimed trial.