JARNAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been filed to challenge the judgment of conviction and order of sentence dated 16.1.2003 passed by Special Judge, Ludhiana, vide which, the appellant has been convicted for offence punishable under Sections 13 (1) (d) of the Prevention of Corruption Act, 1988 (hereinafter referred to as 'the Act') and sentenced to undergo RI for a period of two years with fine of Rs. 1000/- and in default of payment of fine to further undergo RI for a period of one month.

(2.) Briefly, the facts of the prosecution version are that complainant-Naresh Kumar Tangri made a statement before Dy.S.P, Vigilance Bureau, Patiala on 5.11.1997 that he is running a factory by the name and style 'New Bombay Dying and Bleaching House' having two electric connections with different meters. As per instructions of the Punjab State Electricity Board, both the connections were to be clubbed together and a notice dated 17.10.1997 in this regard was received from the office of Senior Executive Engineer, West Division (Special), PSEB, Ludhiana.

(3.) In that connection, the appellant went to the office of PSEB on 4.11.1997 and met accused-Jarnail Singh, who was working as Revenue Accountant. Accused demanded Rs. 1500/- as illegal gratification for depositing the application form which was subsequently settled for Rs. 500/-. Complainant conveyed this fact to one Sukhjit Kumar Verma. On 5.11.1997, complainant alongwith Sukhjit Kumar Verma went to the office of Vigilance Department and produced five currency notes of Rs. 100/- denomination each. DSP constituted a raiding party and Sukhjit Kumar Verma was made shadow witness. Currency notes were handed over to the accusedappellant and raiding party trapped the accused and recovered Rs. 500/- from him. The fingers of both hands of the accused were dipped into a solution and colour of the solution became pink.