AJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal has been preferred against the judgment of conviction dated 02.12.2003, vide which appellant Ajit Singh was held guilty and convicted for the offence punishable under Section 9 of the Prevention of Corruption Act, 1988 (for short 'Act') and the order on the quantum of sentence of the even dated, vide which appellant has been sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. 5000/- in default thereof to further undergo rigorous imprisonment for a period of one and half months.

(2.) The brief facts giving rise to this prosecution are that complainant Mota singh moved an application Ex.PA to DSP Majitha. Ditto application Ex.PB was moved to the Deputy Commissioner, Amritsar alleging therein that in the year 1991 accused-appellant Ajit Singh has taken Rs. 9000/- from him for getting his son Satnam Singh recruited in Military. He has not got his son recruited so far nor he has returned his amount of Rs. 9000/-. The accused has also confessed in Panchayat and assured that he will return the money. He is a clever and forcible person and is threatening him that he has defamed in the Panchayt and he will not return his money. On this application moved by complainant Mota Singh, the present case was registered and investigation initiated.

(3.) Initially the accused-appellant could not be arrested and was declared as proclaimed offender by the Court of learned Judicial Magistrate, Amritsar vide order dated 01.02.1999. On completion of the formalities of the investigation, the report under Section 173 of Code of Criminal Procedure (for short Cr.P.C) was presented in absentia. However, the accused-appellant was arrested on 09.04.1999 and joined the proceedings.