PRITAM CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present appeal lays challenge to the judgment of conviction and order of sentence dated 22.07.2003 passed by the Special Judge, Faridkot (hereinafter referred to as 'the trial Court') whereby the appellant has been convicted and sentenced for commission of offence punishable under Section 7 and Section 13(2) of the Prevention of Corruption Act, 1988 (in short, 'the Act'), extracted here -in -below: -

(2.) THE facts relevant for disposal of the present appeal are that Jang Singh, complainant had taken a loan of Rs. 25,000.00 from the Punjab Village Khadi Board, Faridkot (hereinafter to be referred as 'the Board') in the year 1991 and was supposed to repay the amount in installments of Rs. 3,500/ - per month. He got prepared a demand draft of Rs. 3500.00 on 30.03.1993 from Bhartiya State Bank, Muktsar in favour of the Board. On 6th April 1993, Jang Singh came to the office of the Board and met Pritam Chand, accused working as Inspector in the said Board. The complainant handed over the draft to the accused and asked him for receipt and the accused demanded a sum of Rs. 200.00 as illegal gratification for issuing receipt. The complainant showed his inability to pay the amount and thereafter a deal was struck for Rs. 100.00. The complainant told the accused that he will borrow money and come back with money later.

(3.) COPIES of the documents relied upon by the prosecution were supplied to the accused in compliance with the provisions of Section 207 of the Code of Criminal Procedure (in short, 'CR.P.C.'). The accused was charged for commission of offence punishable under Section 7 read with Section 13(2) of the Act, to which he pleaded not guilty and claimed trial.