JAGBIR SINGH AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal is directed against the judgment and order dated 7.04.2008, passed by the learned Special Judge under Prevention of Corruption Act, 1988-cum-Additional Sessions Judge (I) Bhiwani, whereby the accused-appellants have been convicted and sentenced to undergo R.I. for a period of one year each and to pay a fine of Rs. 3,000/- (three thousand) each or in default they shall further undergo R.I. for a period of three months for the offence under Section 7 of the Prevention of Corruption Act, 1988 (for short 'the Act'). They were also sentenced to undergo R.I. for a period of ore year each and to pay a fine of Rs. 3,000/- (three thousand) or in default they shall further undergo R.I. for a period of three months under Section 13 of the Prevention of Corruption Act. Both the sentences were ordered to run concurrently. Brief facts of the prosecution case are that on 2.09.2004, accused Dalbir and Jagbir, while posted as driver land TVF respectively in the Haryana Roadways Depot at Bhiwani, had demanded and accepted from the complainant San-jay, an amount of Rs. 2500/- as illegal gratification for disposing of challan which demand was by way of illegal gratification.

(2.) The accused were charge sheeted for the offences punishable under Sections 7 and 13 of the Prevention of Corruption Act, 1988, to which they pleaded not guilty and claimed trial.

(3.) To prove its case, the prosecution examined as many as seven witnesses namely Darshan Lal Inspector, Partap Singh Inspector, Mahender, Balwant, Yashwinder Singh, Randhir Singh and Om Parkash, as PW 1 to 7 respectively.