AMRIK SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ACCUSED Amrik Singh has challenged the conviction and sentence passed by the trial Court under Section 7 and Section 13(2) of the Prevention of Corruption Act, 1988.

(2.) IT is the case of the prosecution that on 16.2.1994, PW2 Surjit Singh, the complainant in this case, approached the accused and demanded a copy of the jamabandi. The accused demanded a sum of Rs. 2000/ - as an illegal gratification for issuance of a copy of jambandi. The deal was struck at Rs. 1500/ -. PW2 came back with an excuse to pay the same on 17.2.1994. Thereafter, PW2 met PW6 Inspector Daljit Singh and narrated the whole incident and presented a sum of Rs. 1500/ -. Phenolphthalein powder test was demonstrated and thereafter a trap was laid. PW2 handed over a sum of Rs. 1500/ - to the accused -appellant. The tainted money to the tune of Rs. 1500/ - was recovered from the purse kept in the pocket of the accused by PW6 Inspector Daljit Singh, who reached the office of the accused immediately on receipt of the signal from the complainant. The accused was thereafter arrested by PW6.

(3.) PW 3 Dharam Singh who was employed as a shadow witness retracted from his earlier version. Therefore, he was subjected to cross -examination by the Public Prosecutor. PW4 Surinder Singh, Junior Engineer, was an official witness who spoke about the recovery of tainted notes from the purse kept in the pocket of the accused. PW5 Narinder Pal Singh was a witness to the entire proceedings. PW6 Inspector Daljit Singh who registered a case based on the complaint given by PW2, laid the trap and conducted the investigation. PW7 Smt. Gurpinder Kaur, Clerk attached to the D.C. Office, Fatehgarh Sahib spoke about the sanction order Ex. P7/A.