GURMEJ SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal has been filed by Gurmej Singh Assistant employed by the Punjab State Electricity Board, against the order of the Special Judge, Gurdaspur, by which he was convicted under Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act and Section 161, Indian Penal Code. He was sentenced to undergo 1-1/2 years' rigorous imprisonment and to pay a fine of Rs. 500/- under Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act and one year's rigorous imprisonment and to pay a fine of Rs. 250/- under Section 161, Indian Penal Code. Both the sentences of imprisonment were ordered to run concurrently.

(2.) THE prosecution case is that on April 3, 1984 the appellant had demanded bribe of Rs. 300/- from Baljinder Singh (PW 1) to get the test report sanctioned for installation of a tubewell in the land of his father Wasakha. Singh. It was arranged that the bribe money will be paid to the appellant on the same day in the evening at Kalanaur near the liquor vend. Baljinder Singh (PW 1) had no intention to pay the bribe money and so he went to Harbhajan Singh, Deputy Superintendent of Police of the Vigilance Bureau at Gurdaspur (PW 10) who recorded his statement (Annexure PB) on the basis of which a formal case was registered against the appellant his the Police Station. Three currency notes of rupees hundred each were entrusted to Baljinder Singh to be paid as bribe money to the appellant. Amar Singh (PW 2) and Jagir Singh son of Gurbaksh Singh (PW 3) were deputed to accompany BalJinder Singh and to act as a shadow witnesses. Thereafter Jagir Singh son of Buta Singh (PW 6), Secretary of Panchayats, was also joined in the raiding party. Then Baljinder Singh (PW 1) along with Amar Singh (PW 2) and Jagir Singh (PW 3) proceeded to the liquor vend at Kalanaur and met the appellant near the same at the appointed time. Baljinder Singh (PW 1) handed over the currency notes to the appellant who put the same in his shirt-pocket. In the meantime upon the signal given by Jagir Singh (PW 3), Harbhajan Singh, Dy. S.P. (PW 10) and the remaining members of the raiding party rushed to the spot. On the personal search of the appellant, the three incriminating currency notes were recovered by the Dy. S. P. from his pocket. After the completion of investigation the appellant was challaned and prosecuted with the aforesaid conviction.

(3.) IN the present case the afore-mentioned requirements of law have not been satisfied. The complainant had admitted that no one else was sent when the appellant had demanded the bribe money from him. The appellant is alleged to have accepted the bribe money from the complainant only in the presence of the trap-witnesses Amar Singh (PW 2) and Jagir Singh (PW 3). At that time no independent witness was present.