ASHOK KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an appeal against judgment and order dated 03.08.2006 passed by Special Judge, Patiala convicting and sentencing the accused/appellant to undergo rigorous imprisonment for 2 years under Section 7 of Prevention of Corruption Act and to pay a fine of Rs.2500/ -. In the event of default of payment of fine, he was ordered to further undergo rigorous imprisonment for 2 months. The accused/appellant was also sentenced to undergo rigorous imprisonment for 2 years under Section 13(2) of Prevention of Corruption Act and to pay fine of Rs.2500/ -. In the event of default of payment of fine, he was further sentenced to undergo rigorous imprisonment for 2 months. Both the sentences were ordered to run concurrently.

(2.) ACCUSED /appellant was tried in terms of offence under Sections 7 and 13(2) of the Prevention of Corruption Act (for short 'the Act) on the allegations that the complainant Jaswant Singh wanted to get loan from Land Mortgage Bank for agricultural purposes, therefore, the complainant required a copy of jamabandi. On 23.01.2003, complainant contacted the accused/appellant in his office at Samana and made a request for the issuance of jamabandi of his land. The accused demanded illegal gratification of Rs.1500/ -. The complainant expressed his inability, however the amount was settled at Rs.1,000/ -. Complainant told the accused that he would come on the next day along with the amount. Complainant was not interested in making the payment. He contacted one Tarlok Singh. On 24.01.2003 complainant and Tarlok Singh went to the office of Vigilance Bureau, Patiala and reported the matter to DSP Baldev Singh. He got his statement recorded to DSP Baldev Singh. He also produced an amount of Rs.1,000/ - i.e. ten currency notes in the denomination of Rs.100/ - each. DSP Baldev Singh applied phenol phthalein power and also noted the numbers of the notes in the memo and returned the same to complainant for onward payment to accused on demand. The complainant was shown demonstration of the process of hand wash and changing phenomenon of water becoming pink on subjected to phenol phthalein hand wash.

(3.) TARLOK Singh was directed to act as shadow witness for hearing the conversation. He was also directed to give signal to the raiding party after acceptance of amount by the accused. The statement of the complainant was endorsed by DSP Baldev Singh which ultimately resulted in lodging of FIR. Balbir Singh, Research Officer, Language Department, Patiala and Jaswant Singh, Clerk were joined in the raiding party and were also introduced with the complainant and the shadow witness and were also apprised of the facts of the case.