JOGINDER KUMAR SOOD Vs. STATE OF PUNJAB

JUDGEMENT

(1.) JOGINDER Kumar Sood, Sectional Supervisor (Construction) Office of D. E.T (P & T) Patiala, was convicted, by the Special Judge, Patiala under section 5(i)(d) read with section 5(2) of the Prevention of Corruption Act and section 161 of Indian Penal Code. He was sentenced to two years rigorous imprisonment and a fine of Rs. 2000/- and in default of payment of fine further rigorous imprisonment for four months under section 5(2) of the Prevention of Corruption Act, and one year rigorous imprisonment under section 161 of Indian Penal Code. Feeling aggrieved, he has filed this appeal.

(2.) THE prosecution case is that appellant was Head Clerk construction branch in the office of Divisional Engineer Telegraph at Patiala in July, 1983. Shri Karnail Singh PW was working as Office Assistant in the said office. Karnail Singh applied for three days earned leave from 1.8.1983 to 13.8.1983 as he was to attend an Akhand Path ceremony.

(3.) KARNAIL Singh, on 27-7-1983, went to Vigilance Office, Patiala and apprised Inspector Bhajan Singh of the whole incident. Inspector Bhajan Singh recorded statement of Karnail Singh. Rajinder Singh PW was also present at that time. Three currency notes of the denomination of Rs. 20/-, 10/- and 5/- produced by Karnail Singh were treated with phenolphthalein powder and after treatment were handed over to Karnail Singh after noting down their numbers. Inspector Bhajan Singh of Vigilance Department instructed Karnail Singh complainant PW to hand over the currency notes on demand to the appellant and Rajinder Singh was directed to be the shadow witness. Rajinder Singh was further directed that he should stay at a close by distance and give a signal to the police party. The police party left for the office of the appellant accompanied by Karnail Singh and Rajinder Singh.