SUCHA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant was tried by Special Judge, Ferozepur under Section 12 of the Prevention of Corruption Act, 1988 (for short, "the Act") on the allegations that on 25-9-1990, he offered Rs. 12.000/- as illegal gratification to Inspector Harbans Lal. SHO, Police Station Ferozepur Cantt. for showing favour to him by not arresting him in a criminal case. Vide judgment and order dated 15-3-1994, the trial Court convicted the appellant for the said offence and sentenced him to undergo R. 1. for six months and to pay a fine of Rs. l.000/-. In default of payment of fine, the appellant was sentenced to undergo further RI for two months.

(2.) On 25-9-1990, the appellant/accused met Inspector Harbans Lal, SHO, Police Station Ferozepur Cantt. in his office at about 4,30 p.m. ASI Narinder Pal Singh and HC Parveen Kumar were present there. The accused wanted Inspector Harbans Lal to have a talk with him in private but the Inspector replied that the persons, who were present in his office at that time, were of his confidence and he was free to talk in their presence. The accused then told the Inspector that he was likely to be arrested in a case registered at Police Station Ferozepur Cantt. vide FIR No. 14 of 1990 and requested him not to arrest him. The accused expressed his intention of offering bribe to the Inspector, who, however, told him that he would not accept any such bribe. In spite of this, the accused placed an envelope on the table lying before the Inspector. The said envelope was found to contain 90 currency notes of the denomination of Rs. 100/- each and 60 notes of the denomination of Rs. 50/- each. In all, it was an amount of Rs. 12,000/-. Inspector Harbans Lal took the currency notes into possession by preparing a recovery memo Ex. PA, which was attested by ASI Narinder Pal Singh and HC Parveen Kumar. FIR Ex. PD was thereafter, registered in the Police Station at 4.30 p.m. on the same day by Inspector Harbans Lal, who then sent a request to Harbhajan Singh, DSP, City Ferozepur to take up the investigation of the case. The said DSP, along with his Reader, came to the Police Station. The currency notes, as mentioned above, were then taken into possession by DSP Harbhajan Singh by preparing memo Ex. PB, which was attested by Inspector Harbans Lal and HC Gurdeep Singh. in the meantime. Inspector Harbans Lal had arrested the accused in FIR No. 14 of 1990. The accused was also arrested by DSP Harbhajan Singh in the present case.

(3.) After the completion of the investigation, the challan was presented against the accused. Copies of documents under Section 207, Cr. P. C. were supplied. On finding a prima facie case charge under Section 12 of the Act was framed against the accused. The accused pleaded not guilty and claimed trial.