K.C.PURI, J. - (1.) APPELLANT - Roop Chand has directed the present appeal against the judgment and order dated 13.8.2002 passed by Shri M.S.Chauhan, Special Judge, Amritsar vide which accused/appellant has been convicted under Sections 7 and 13(1) read with Section 13(2) of the Prevention of Corruption Act, (in short ­ the Act) and sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.500/ - and in default of payment of fine to further undergo rigorous imprisonment for a period of three months under Section 7 of the Act and to further undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.1000/ - and in default of payment of fine to further undergo rigorous imprisonment for a period of six months under Section 13(2) of the Act.
(2.) THE prosecution case in brief is that on 21/22 -2 -2000 documents of the passengers coming to India from Pakistan by Samjhauta Express were to be checked on different counters on the Attari railway station. Inspectors and Sub -Inspectors of the Police were on duty on different counters, whereas a constable or Head constable was deputed to assist them on each counter. The Sub Inspector/Asstt. Sub Inspector In - charge of the counter was responsible for the checking of documents of the passengers and after having found the documents to be correct to make an entry and put seal on the passport as also put the counter number and his own signatures and enter the details in his register maintained on the counter. At about 10.30p.m. DSP Simarjit Singh, and Inspector Anil Kumar were supervising the checking of the passengers on P.C.P. Attari Railway Immigration Centre, Counter No.9 was under the charge of the accused. Constable Amarbir Singh No.3084/Batala was also on duty with him. This counter was meant for checking of passports old immigration papers of Pakistani nationals. It has been further alleged that one person carrying a blue coloured Indian Passport made two/three rounds near counter No.9. This conduct of said person raised suspicion in the mind of Simarjit Singh DSP. Accordingly DSP Simarjit Singh and Inspector Anil Kumar paid special attention to counter No.9. The person with blue coloured Indian Passport approached the counter No.9 and talked to the accused who demanded from the said person Rs.500/ -. This amount was paid by the above said person to the accused in the form of Rs.500/ - Pakistani currency note. There upon the accused put his seal of his counter on the passport and also put the date without putting his signatures and also did not enter the address of the person in the register meant for the purpose. Upon this, DSP Simarjit Singh entered the counter of the accused and asked the reasons for the aforesaid conduct but the accused could not give any satisfactory reply. In the meantime SI Amrik Singh who was managing counter No.6 also reached there as well as constable Amarbir Singh. Record of counter No.9 was examined by DSP Simarjit Singh during examinations of the record it was found that details of person with blue coloured passport are not entered in the register. DSP Simarjit Singh searched the person of the accused whereupon from the pocket of the pants worn by the accused five Pakistani currency notes in the denomination of Rs.100/ - each bearing No.KAL 7451720, JAS 5385431, FAH 4369518, KAN 1682749, GAJ 0223583 were recovered. These currency notes were taken into possession. Site plan of the place of occurrence was prepared. Statements of the PWs were recorded. After completion of necessary investigation, challan against the accused was presented.
(3.) ON appearance of the accused, copies of documents were supplied to the accused free of costs. Charge under Sections 13(1), 13(2) and Section 7 of the Act was framed against the accused to which he pleaded not guilty and claimed trial.;