SUNITA SHARMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present appeal has been preferred against the judgment of conviction dated 03.02.2004 passed by the learned Special Judge, Patiala vide which appellant Sunita Sharma was held guilty and convicted for the offences punishable under Sections 8 and 9 of the Prevention of Corruption Act, 1988 (hereafter called the Act) and the order on quantum of sentence of the even dated vide which the appellant was sentenced as under: - -

(2.) THE brief facts giving rise to this prosecution are that PW -1 complainant Pardeep Kumar moved his affidavit Ex. PA to PW -6 Gursharan Singh Bedi, Deputy Superintendent of Police (for short D.S.P) City -II Patiala alleging therein that on 10.10.1999, he was married with Usha Rani d/o Prem Chand resident of village Jansali. That appellant Sunita Sharma, who was alleging herself to be the president of Mehla Congress received a sum of Rs. 3200/ - (Rs. 1700/ - + 1500/ -) on the pretext of passing over this money to the Patiala Police. When, he has paid this money to the appellant Sunita Sharma, Meena Rani wife of Madan Lal and Parkash Chand son of Pirru Ram resident of Village Jansua Tehsil Rajpura, District Patiala were present. It is further mentioned that they had come to know that appellant Sunita Sharma is a cheater. She was also demanding Rs. 2000/ - more from them. She has also threatened that if this money was not paid, he will get the compromise effected between him and his wife broken. It is further mentioned that when he gave this information to Sub -Inspector Women Cell, Patiala, then she asked Sunita Sharma that she has taken money from the complainant on her name. The appellant admitted in presence of the Inspector Woman Cell that she has received Rs. 3200/ -. But, alleged that she has not taken that money on her name rather she has taken money as his fees and now, she has spent that money and will not return the same. On this affidavit Ex. PA, PW -6 Gursharan Singh Bedi, D.S.P after verifying the facts send the letter Ex. PD to the Police Station concerned for registration of the case. On the basis of which F.I.R Ex. PA/1 was registered and investigation initiated.

(3.) AFTER compliance of the provisions of Section 207 Cr.P.C, accused -appellant was charge sheeted for the offences punishable under Sections 8 and 9 of the Act by the learned Special Judge, Patiala, vide order dated 07.02.2002 to which the appellant pleaded not guilty and claimed trial.