VARJINDER PAL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge in the instant appeal is to the judgment dated 20.11.2004 vide which the appellant was held guilty under Section 9 of the Prevention of Corruption Act, 1988 (for brevity, 'the Act'). He was sentenced to undergo rigorous imprisonment for two years and pay a fine of Rs.1,02,000/-. It was directed that out of the recovered amount Rs.1 lac would be paid to the complainant as compensation.

(2.) The case set up by the prosecution was that the accused demanded a sum of Rs.2.5 lacs from the complainant Ravinder Singh for getting him enrolled in Police Department by using the influence of his father, who is claimed to be posted as SP in CBI. Rs.1 lac were agreed to be paid in advance while remaining amount was to be paid after the recruitment. It was alleged that the complainant paid a sum of Rs.1 lac on 03.06.2001 to the accused and his father in the presence of Ujagar Singh, Balbir Singh and Amarjit Singh. It was further the case of the prosecution that accused and his father assured that the work would be done and in case it was not, the amount was to be returned. The complainant appeared in the recruitment process, but was not selected. He demanded his money back.

(3.) The accused put off the matter on one pretext or the other and finally refused to return the same.