Mr. K.C. Puri, J.: - By this common judgment, I intend to dispose of Criminal Appeal No. S-1762 SB of 2005 titled as Anoop Chand versus State of Punjab and CWP No. 14097 of 2009 titled Anoop Chand versus State of Punjab and another as both these cases are out come of one occurrence. In the Civil Writ Petition petitioner prayed for issuance of writ in the nature of mandamus directing the respondents to release the pension and gratuity to the petitioner along with interest from the date of his retirement i.e. 30.4.2006 as the same has not been released because of pendency of the present criminal case. For convenience, facts are being taken from Criminal Appeal No. S 1762 SB of 2005 titled as Anoop Chand versus State of Punjab.

2. Challenge in this appeal is the judgment and order dated 16.9.2005 passed by Mrs.Archana Puri, Judge, Special Court, Amritsar, vide which the accused appellant has been convicted under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988 ( hereinafter to be referred to as ‘the Act’ ), and sentenced to undergo imprisonment and fine as under:-

u/s 7 of the Act To undergo rigorous imprisonment for a period of 2 years and to pay a fine of Rs.1000/- and in default of payment of fine to further undergo rigorous imprisonment for one month.

u/s 13(2) of the Act To undergo rigorous imprisonment for a period of 2 years and to pay a fine of Rs.1000/- and in default of payment of fine to further undergo rigorous imprisonment for one month.

3. Both the sentences were, however, ordered to run concurrently.

4. The brief facts of the case, as enumerated from the record of the case are that on 25.09.1992 complainant Kamlesh Rani got recorded her statement to Inspector Ajit Singh that 5-6 years ago (from the date of occurrence) her husband was murdered by Terrorists and thereafter she along with her family shifted from Quadian to Amritsar. The Government had extended certain benefits to the terrorist effected families and even used to pay house rent to them. Even she used to get the house rent to the extent of Rs.900/- after every three months. She had received rent upto March 1992 and the remaining rent was to be received by her. For receiving the same, she had gone to the Courts at Amritsar and met the concerned Clerk Anoop Chand - accused on 24.9.1992. Accused Anoop Chand demanded Rs.50/- as bribe to hand over the cheque and he also stated that her form after attestation has not been received from the Tehsildar. He stated that she should bring the form attested from office of Tehsildar along with bribe amount. On that very day, she had gone to the Tehsildar office and enquired about the form and got the same. She was not inclined to get her work done by paying illegal gratification, therefore, she reported the matter to the Vigilance Bureau, Amritsar.

5. It is further alleged that complainant handed over currency note of Rs.50/- bearing number JEF 854533 to the Trap Laying Officer. After noticing its number, said currency note was initialed by Inspector with his impression AS and after smearing the said currency note with phenolphthalein powder the same was handed back to the complainant after confirming that the complainant was not having any other money. She was then instructed to hand over the tainted money to the accused on his demand. Ranjit Singh was made shadow witness and was instructed to accompany the complainant to the office of the accused and to hear the conversation which took place between the complainant and the accused and was also directed to observe the transaction of handing over the bribe money. He was also directed to give pre-planned signal to the raiding party after the exchange of bribe amount. Nirmaljit Singh Senior Assistant of the office of District Education Officer (Primary), Amritsar was joined in the raiding party and he was introduced to the complainant and the shadow witness. Demonstration with regard to the effect of sodium carbonate with phenolphthalein was show