SUKHDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ACCUSED -appellant Sukhdev Singh was convicted under Section 7 of the Prevention of Corruption Act and sentenced to undergo 1 year R.I. and to pay a fine of Rs. 1000/ - and in default, to undergo further period of 30 days. He was also convicted for the offence under Section 13(2) of the Prevention of Corruption Act and sentenced to undergo 2 years' R.I. and to pay a fine of Rs. 5000/ - and in default, to undergo further period of 30 days. The accused -appellant has challenged the above verdict of conviction and sentence passed by the trial Court.

(2.) THE brief case of the prosecution is that PW3 Sukhdev Singh approached PW9 SP Darshan Singh attached to the office of Vigilance Bureau, Chandigarh and suffered a statement to the effect that on 15.6.2000, his mother Gurmej Kaur entered into an agreement with one Rud Singh to purchase a property for a total sale consideration of Rs. 9,98,000/ - and paid earnest money of Rs. 5,73,000/ - in the presence of witnesses. Rud Singh failed to comply with the terms and conditions of the agreement. A civil suit was filed wherein an order of status quo was granted. Rud Singh sold away the property to one Gian Singh. Rud Singh handed over possession of the subject land to Gian Singh with the assistance of the accused Sukhdev Singh. The accused advised the complainant to submit an application to DIG/SSP and get his application marked to him. In that eventuality, the accused promised him that he would restore possession to him. The accused demanded a sum of Rs. 50,000/ - as bribe for doing such a work. Thereafter, the deal was clinched for a sum of Rs. 20,000/ -. A sum of Rs. 30,000/ - was also demanded for taking action against Rud Singh and others. The complainant did not like to pay illegal gratification. He appeared before PW9 SP Darshan Singh and handed over a sum of Rs. 20,000/ - after giving details of the episode. A formal FIR was registered. PW12 Inspector Surjit Singh was directed to act as a shadow witness. Phenolphthalein test demonstration was conducted in the office of PW9. PW1 Devinder Singh was also associated for the purpose of raid from Moga bypass road. PW3 handed over tainted money on demand made by accused in the presence of PW12, Inspector Surjit Singh. A pre -arranged signal was given to the police party headed by PW9 which recovered a sum of Rs. 20,000/ - wrapped in a towel on the table in the drawing room of the accused. A sum of Rs. 3,10,700/ - besides two mobile phones, 78 bottles of liquor, 50 gms. of opium and 4.400 kgs. of poppy husk was also recovered from the accused during house search. Sodium carbonate solution was prepared. The accused was directed to wash his fingers in the solution whereupon the colour of the solution turned light pink. As regards the recovery of the contraband, two separate cases under the NDPS Act as well as Punjab Excise Act were registered against the accused.

(3.) AS many as 15 witnesses were examined on the side of the prosecution.