SUSHIL KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) SUSHIL Kumar J.E.II sub Division Officer. Punjab State Electricity Board, Bela (since expired) has assailed the judgment dated 13.07.1996 passed by the Special Judge, Rupnagar, whereby he was convicted under Section 13(2) of the Prevention of the Corruption Act, 1988 (hereinafter to as 'the Act') and sentenced to undergo rigorous imprisonment for 4 years and to pay fine of Rs. 5000/-. Though, accused-appellant Sushil Kumar had already expired on 06.02.2003, yet, his wife Bala Rani has opted to contest the appeal in his place.

(2.) THE factual matrix of the case is that on 15.03.1993, Paramjit Singh- complainant (hereinafter referred to as 'the complainant'), in the year 1992, had applied for getting electric connection at Electricity Board, Sub Division Bela. Consequently, he was issued demand notice and he completed all the formalities. Despite number of his visits to Sushil Kumar J.E. (hereinafter referred to as 'the accused'), posted at Sub Division Bela, did not release electric connection, despite pole, cable and meter were sent to his house. Ultimately, on demand of illegal gratification to the tune of Rs. 400/- for releasing electric connection made by the accused, the complainant made a false promise to pay the said bribe and complained about the same to Sukhwinder Singh, Inspector Vigilance along with 4 currency notes of Rs. 100/- denomination each, who applied phenolphathalien powder to the notes; called for a glass of water and put washing soda in the said water and then small quantity of phenolphathalien powder was also put in that water. Resultantly, the colour of the water changed to light pink. After demonstrating it to the witnesses, the water was thrown away. He also searched the complainant and thereafter handed over the said tainted money to him to hand over the same to the accused on demand and in case of acceptance, Kikal Singh would give signal by shaking his hands. After completing the formalities Investigating Officer Sukhwinder Singh sent ruqa, on the basis of which case was registered at Police Station Chamkaur Sahib on 15.03.1993.

(3.) THE accused was charged under Section 13(2) of the Act to which he pleaded not guilty and opted for trial.