L.N. Mittal, J. - (1.) ACCUSED Gurnam Singh having been convicted and sentenced by learned Special Judge, Patiala vide judgment and order dated 22.3.2003 has filed the instant second appeal. The Appellant stands convicted under Section 13(1)(d)(i) of the Prevention of Corruption Act, 1988 (in short, the Act) and also under Section 420 of Indian Penal Code (in short, IPC) and has been sentenced to undergo rigorous imprisonment for two years and to pay fine of Rs 1500/ -and in default thereof, to undergo further rigorous imprisonment for three months for each of the two sentences but both the sentences have been ordered to run concurrently.
(2.) THE prosecution case may be narrated as under: On 30.7.1997, complainant Angrej Singh Virk gave application Ex. PA to the police alleging that the accused, a Constable in Punjab Police, was posted with Inspector General of Police Zone -I, Patiala in October, 1996. The complainant approached the accused for recruitment as Assistant Sub Inspector (ASI) in police on sports basis. The accused promised to get the job on payment of Rs. 4,50,000/ -. The complainant paid Rs. 1,55,000/ -in cash to the accused. However, the accused did not get the work done. In May, 1997 the accused returned Rs. 80,000/ -to the complainant and promised to return the balance amount within one week but the balance amount was not returned in spite of repeated demands. On the other hand, the accused threatened to get the complainant pulled up through police. On the basis of this application, FIR was registered. During investigation, statement of complainant Angrej Singh was recorded on 1.8.1997 under Section 161 of the Code of Criminal Procedure (in short, Code of Criminal Procedure). The complainant added in the said statement that his son Simardeep Singh who had passed Bachelor of Arts examination and was aged 21 years and had been participating in sports, was to be got recruited as ASI in sports quota. Facts mentioned in the complaint regarding payment etc. were reiterated. It was clarified that the amount of Rs. 1,55,000/ -was paid by complainant to accused on 5.11.1996 in the presence of complainant's son Simardeep Singh, Shamsher Singh and Satnam Singh after borrowing it from Gurinder Singh and Kamaldeep Singh. Statements of other witnesses were also recorded during investigation. Accused was arrested on 5.8.1997. After making disclosure statement, the accused got recovered Rs. 62,000/ -. Investigation was completed. On completion of investigation, accused was sent for trial for offences under Sections 406 and 420 IPC and Sections 8 and 13(2) of the Act.
(3.) CHARGE under Section 13(1)(d) read with Section 13(2) of the Act and under Section 420 IPC was framed against the accused who pleaded not guilty and claimed trial.;