DR.BHARAT BHUSHAN PARSOON, J. - (1.) THIS appeal is preferred against judgment of conviction and order of sentence, both dated 25.10.2004 passed by the Special Judge, Bathinda, vide which accused -appellant Harbhajan Singh was held guilty in case FIR No.152 dated 26.11.2002 registered at Police Station, Raman under Section 8 of the Prevention of Corruption Act, 1988 (hereinafter mentioned as the Act) and then was sentenced to undergo Rigorous Imprisonment for six months and was to pay a fine of Rs.500/ - under Section 8 of the Act.
(2.) THE prosecution case, put in brief, is as under: On 20.9.2002, a complaint was moved by complainant Hardev Singh, resident of village Kot Bakhtu before SSP, Bathinda mentioning therein that about two years ago, recruitment of labourers was going on at Bathinda Cantt. Appellant -accused Harbhajan Singh came to the complainant and assured to get him recruited as a labourer in the Army within a period of ten days on payment of Rs.45,000/ - by stating that he had got rapport with the senior officers of the Army. On this, the complainant paid the aforesaid amount to the accused in the presence of his brother Baldev Singh. However, after expiry of the period of ten days, the accused started putting off the matter on one pretext or the other and then raised a further demand of Rs.20,000/ -. Since the complainant was unable to pay, he refused to pay the said additional amount. The accused neither got him recruited as a labourer nor returned the amount of Rs.45,000/ -. It is further the case of the prosecution that the complainant disclosed the above facts to Billu Singh Member Panchayat, Gurjit Singh Sarpanch, Gurjit Singh Member Panchayat and Jangir Singh Ex. Sarpanch, all residents of native village of the complainant and took them to the house of the accused and asked him to return the amount. On this, the accused assured the complainant that he was to return the amount after some days but thereafter, he again started putting off the matter on one pretext or the other. Again, the complainant took the aforesaid members of his village to the house of the accused on which, the accused promised to return the amount on the very next day. However, on the next day, he only made payment of Rs.15,000/ - but did not pay the remaining amount of Rs.30,000/ -. On the aforesaid complaint, the matter was got inquired into by the DSP from SHO, Police Station, Raman and after seeking opinion of the Deputy D.A., Legal, Bathinda as also of SSP, Bathinda had ordered for registration of the case. FIR (Ex.PB/A) was registered and the investigations were carried out. Statements of witnesses were recorded and on completion of investigations, report under Section 173 Cr.PC was presented in the court. On being charge -sheeted for commission of the offence under Section 8 of the Act on 20.5.2003 by the trial court, the accused pleading not guilty had claimed trial.
(3.) IN order to prove its case, the prosecution examined as many as 6 witnesses and placed heavy reliance on deposition of complainant Hardev Singh (PW3), of members of the Panchayat namely Sat Pal (PW1) and Harbhajan Singh (PW2) as also of Baldev Singh (PW4) brother of the complainant, and of the investigating officer DSP Jaspal (PW6).;