GURJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Accused Gurjit Singh has challenged the judgement of conviction and sentence passed by the trial Court vide which he was convicted under Sec. 7 and 13(1)(d) read with Sec. 13(2) of the Prevention of Corruption Act and sentenced to undergo 2 years R.I. and to pay a fine of Rs. 2500/ - and in default of payment of fine, to undergo further R.I. for 2 months for each offence.

(2.) PW2 Harjinder Singh is the complainant in this case. He has deposed that he was running a cloth shop at bus stand, Kauli. He applied for a loan from State Bank of Patiala at Kauli. The bank sanctioned a loan amount of Rs. 60,000/ - to him. He received the first installment of Rs. 20,800/ - on 10.2.2005 and 2nd installment of Rs. 21,000/ - on 29.3.2005 by way of drafts issued by the bank. While releasing those amounts, accused Gurjit Singh demanded bribe money of Rs. 2500/ - from accused, but somehow PW4 dodged the payment on one pretext or the other. When the last installment was to be paid by the bank on 16.5.2005, PW2 met the accused who asked him to come after 2 -3 days. PW2 met him on 19.5.2005 and requested the accused to pay the last installment. Accused demanded Rs. 2500/ - as bribe from him. As PW2 showed his inability to make payment of Rs. 2500/ -, the accused reduced his demand of bribe to Rs. 1500/ -.

(3.) PW2 approached PW4 Gurparkash Singh and narrated the entire episode to him. As per the advice rendered by PW4, PW2 proceeded to the Vigilance Office on 20.5.2005 and met PW9 DSP Banarsi Dass at Vigilance Bureau, Patiala. PW2 suffered statement Ex. PH before PW9. He also produced one currency note of denomination of Rs. 500/ - and 10 currency notes of the denomination of Rs. 100/ - each. PW1 Gurpreet Singh working as Junior Engineer in the office of BDPO, Bhunerheri at Patiala was associated by PW9 for laying the trap. The currency notes produced by PW2 was treated with Phenolphthalein powder and Phenolphthalein power test was demonstrated to PW1, PW2 and PW4 by PW9. PW9 instructed PW4 Gurparkash Singh to act as a shadow witness and accompany PW2 Harjinder Singh to the office of the accused. PW9 also instructed PW2 to hand over the bribe money only when a demand was made by the accused.