H C CHANDNA Vs. U T CHANDIGARH

JUDGEMENT

(1.) Shri H.C. Chandna, appellant was working as Deputy Manager (Electrical Mechanical), Food Corporation of India, Haryana Region, Sector 17, Chandigarh. in June, 1983. On the complaint of Shri Har Rai Singh, a case under Section 5(1)(d) of Prevention of Corruption Act and under Section 161, Indian Penal Code, was registered against him. The learned Special Judge. Chandigarh, found him guilty of the charge and sentenced him to one year's rigorous imprisonment and a fine of Rs. 500/- or in default of payment of fine to further undergo rigorous imprisonment for six months under Section 5(1)(d) of Prevention of Corruption Act and to one year's rigorous imprisonment under Section 161, Indian Penal Code on 26-11-1985. Feeling aggrieved, he has filed this appeal.

(2.) The prosecution case is that Har Rai Singh, P.W./1 was an electrical contractor at Chandigarh and was doing business in the name of M/s. Pal Electrical Works. He wanted to get himself enrolled as contractor of the F.C.I. He went to the office of the F.C.I. on 8-6-1983, for this purpose and met the appellant there. He submitted his application, Exhibit PA requesting that he should be enlisted as a contractor. Har Rai Singh again met the appellant on 16-6-1983 and was informed by the appellant that if he wants his work to be done, some amount be paid to him. The matter was settled at Rs. 500/- and it was agreed that the amount will be paid on 17-6-1983.

(3.) As Har Rai Singh did not like to pay the bribe, he went to S.P., C.B.I. and gave application, Exhibit on 17-6-1983. On the basis of application, Exhibit PB, F.I.R. Exhibit PM was recorded and the case was handed over to Inspector K.L. Bansal, P.W. 8 for investigation.