MANMOHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Under challenge in this criminal appeal by the convict appellant Manmohan Singh is the findings of the Court of learned Special Judge, Amritsar dated 07.06.2008 whereby the accused has been found guilty of commission of offences under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988 (in short, 'the Act') whereby he has been sentenced under Section 7 of the Act to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1000 and in default of payment of fine to further undergo rigorous imprisonment for three months, and to a similar sentence under Section 13(2) of the Act.

(2.) The allegations of the prosecution are that the accused while posted as Patwari had demanded from the complainant Jasbir Singh, a farmer, Rs. 1000 as bribe for giving him copy of jamabandi and khasra girdawari of his land when the actual fees was Rs. 450 and that upon the complaint to DSP Kashmir Singh, Investigating Officer of the Vigilance Bureau, a raid was planned in the presence of shadow witness Nirmal Singh, official witnesses R.P. Singh SDO and Balwinder Singh JE, whereby ten currency notes of the denomination of Rs. 100 each, in all totalling to Rs. 1000, were smeared in phenolphthalein powder after noting their numbers and upon undergoing necessary formalities, trap was laid. When the accused demanded the money and on its handing over, on signal by the shadow witness the vigilance team swooped upon the accused leading to recovery of tainted currency notes from the pockets of his pants, thus leading to prosecution of the accused and culminating into his conviction.

(3.) Heard Mr. M.K. Dogra, Advocate representing the appellant; Mr. J.S. Brar, Asstt. Advocate General, Punjab on behalf of the respondent/State and on perusal of the records.