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2009 Supreme(SC) 1109

S.B.SINHA, MUKUNDAKAM SHARMA
State of Punjab – Appellant
Versus
Sohan Singh – Respondent


Advocates appeared:
For the Appellant :Gagandeep Sharma, Ajay Pal (for Kuldip Singh), Advocates.
For the Respondents:Rajiv Dutta, Sr. Adv., Ms. M.F. Humayunisa, Kumar Dushyant Singh, R. Nedumaran, Advocates.

JUDGMENT

S.B. Sinha, J.—

1. This appeal is directed against the judgment and order dated 29th October, 2003 passed by a learned Single Judge of the High Court of Punjab and Haryana whereby a judgment acquitting the respondent from the charges under Section 13(1) read with Section 13(2) of the Prevention of Corruption Act, 1988 (for short ‘the Act’) passed by the learned Special Judge, Faridkot dated 25th September, 1990 was reversed.

2. The prosecution case in brief as under is :-

Jasdev Pal Singh (PW-5), complainant, applied for grant an electric connection for a 5 H.P. Motor pump. On receipt of demand notice in July, 1987, he deposited the necessary fees and the test report. The site was inspected by the respondent, who was Junior Engineer with Punjab State Electricity Board alongwith the S.D.O. They approved the installation and sent the case to the Executive Engineer, Bhatinda. The connection was sanctioned within two months. It was case of the prosecution that whenever complainant went to see the respondent in connection with the release of the electric connection, the latter kept on putting him off.

It was further case of prosecution that on 22nd December, 1988 the Complainan




























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