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2015 Supreme(SC) 737

DIPAK MISRA, PRAFULLA C.PANT
Gurjant Singh – Appellant
Versus
State of Punjab – Respondent


Judgment

Prafulla C. Pant, J.

This appeal is directed against judgment and order dated 24.12.2014, passed by the High Court of Punjab and Haryana in Criminal Appeal No. 2065-SB of 2005, whereby the criminal appeal is dismissed, and order dated 5.11.2005, passed by the Sessions Judge, Faridkot, convicting and sentencing the appellant Gurjant Singh under Sections 7/13(2) of the Prevention Act, 1988, is upheld.

2. We have heard learned counsel for the parties and perused the papers on record.

3. Prosecution story in brief is that complainant Harpal Singh (PW-1) was President of Rice Millers Association, Kotkapura. Appellant Gurjant Singh was posted as Technical Assistant with Food Corporation of India (for short “the FCI”). On 29.5.2003, complainant, after holding a meeting with other rice millers, met the appellant regarding supply of 20 consignments of advance rice belonging to ten shellers to the FCI, on which he (appellant) demanded rupees one lakh as illegal gratification for approving the quality of the rice. The complainant reluctantly agreed to pay Rs.50,000/-on next day, i.e. 30.5.2003. The complainant disclosed about the same to Sandip Kataria (PW-2) who advised him to complain













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