SAT PAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a criminal appeal filed by Satpal and has been directed against the judgment and order dated 14.5.1987 passed by the court of Special Judge, Kurukshetra, who convicted the appellant u/s 161 of the Indian Penal Code and Section 5(2), Prevention of Corruption Act (hereinafter referred to as "the Act") and sentenced him to undergo R.I. for a period of six months u/s 161 IPC and R.I. for a period of one year u/s 5(2) of the Act and to pay a fine of Rs. 1,000/-; in default of payment of fine, the appellant was directed to undergo R.I. for three months.

(2.) THE brief facts of the prosecution story are that the appellant in the capacity of public servant demanded and accepted a sum of Rs. 400/- by way of illegal gratification for connecting the tubewell of PW Sukha Singh with the transformer and that the said amount was recovered from the appellant, who was employed, at the relevant time, as Junior Engineer in the Haryana State Electricity Board, Cheeka, District Kurukshetra.

(3.) ACCUSED was formally arrested. The file, Ex. PG, was produced by the accused before the I.O. and it was taken into possession vide recovery memo, Ex. PG/1. The Inspector also prepared the rough site plan, Ex. PK, of the place of arrest and on return to the police station, the case property was deposited in the police station. Special report was also sent to the Illaqa Magistrate and higher police authorities about the raid. After obtaining the sanction for prosecution, the appellant was challaned u/s 161 IPC and section 5(2) of the Act in the Court of the Special Judge, Kurukshetra, who supplied the copies of the documents to the accused and vide commitment order dated 24.1.1987 framed charges u/ss 161 IPC and 5(1)(d) punishable u/s 5(2) of the Act. The charge was read over and explained to the appellant, who pleaded not guilty and claimed trial.