(1.) This appeal is directed against judgment of conviction and order of sentence, both dated 3.6.2004 passed by Special Judge, Kaithal, vide which accused-appellant Rajinder Parshad Kansal was held guilty in case FIR No.21 dated 14.9.2000 registered at Police Station, State Vigilance Bureau, Ambala for commission of offence punishable under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988 (hereinafter mentioned as the Act) and was sentenced as under:- <FRM>JUDGEMENT_183_TLP&H0_2014_1.html</FRM>
(2.) Briefly stated the prosecution case is as under:- The accused was a Junior Engineer with Haryana State Electricity Board and was posted at Siwan. Complainant Gurnam Singh as also his father Wasan Singh were agriculturists of village Chaku Ladana falling within the official area of the accused. Electric connection No.JH 1410 had been ordered to be disconnected by the Electricity Board. Matter was taken to the Civil Court wherein a direction was given by the Court to deposit Rs.6,898/- as estimated charges for reconnection and Rs.1,140/- as security with the Electricity Board. When the complainant approached the accused for implementation of the Court order and showed his willingness to deposit the amount for restoration of electricity connection, demand of illegal gratification of Rs.30,000/- which was later reduced to Rs.25,000/- was made. The complainant borrowed Rs.15,000/- from his commission agent and paid the said amount to the accused. He was issued receipt for payment of Rs.6,898 + Rs.1,140/- but the accused kept on demanding balance amount of Rs.10,000/- which the complainant was not willing to pay.
(3.) When the demand from the accused became persistent, the matter was taken by the complainant to the Vigilance Bureau. A raid was organized, trap was laid and the accused was caught red handed.