TEJ KUMAR GOYAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present appeal is directed against the judgment of conviction and order of sentence dtd. 8/9/2017 passed by learned Additional Sessions Judge, S.A.S. Nagar, Mohali whereby appellant - Tej Kumar Goyal was convicted and sentenced as under:- <IMG>JUDGEMENT_257_LAWS(P&H)4_2019_1.jpg</IMG>

(2.) Complainant - George Subh has filed CRR-3612-2017 seeking enhancement of sentence awarded to the accused-appellant by the trial Judge. Therefore, both these cases are taken up together and are being disposed of by this common judgment.

(3.) Facts relevant for the purpose of decision of present appeal; that complainant George Subh is aggrieved of the act of the present appellant whereby he was harassed and compelled to part with bribe money of Rs.50,000.00. He had applied for getting Numberdari in the year 2008 and for that purpose, he moved an application before the Deputy Commissioner, Kapurthala. However, on 17/12/2008, the Deputy Commissioner observed that the complainant had admitted that he is 'Masih' by caste, which does not come under the Scheduled Caste, for which the said post was reserved. Complainant alleged that he did not make any admission. Thereafter, appeal was preferred by the complainant before the Commissioner, Mandal, Jalandhar and a complaint was also moved by him before the Chairperson, Punjab State Scheduled Castes Commission, Chandigarh, for conducting verification regarding caste of the complainant. On that complaint, he received summons, whereby the complainant was asked to appear before present appellant Tej Kumar Goyal (T.K. Goyal) - Enquiry Officer on 16/8/2010 at 11 am. On 16/8/2010, the complainant was asked to appear on 26/8/2010 for getting recorded his statement. Later on, as per prosecution case, the accused called the complainant separately and asked him to meet him at Bus Stand Mohali. Accordingly, on 7/9/2010 at about 8:30 am, the accused met the complainant at Bus Stand Mohali and demanded Rs.1,00,000.00 for deciding the matter in favour of the complainant. The complainant agreed to pay Rs.50,000.00 and promised to hand over the same to the accused in his office on next day i.e. 8/9/2010 in the afternoon.