Sukhwant Singh vs State of Punjab

Leave granted.

The challenge herein is against the conviction of the accused-appellant under Section 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988. On each count, the accused-appellant has been sentenced to undergo rigorous imprisonment for one year and to pay a fine ofL 2,500/- and in default of payment of fine to suffer rigorous imprisonment for a further period of three months. The two substantive sentences are, however, directed to run concurrently.

We have heard learned senior counsel for the accused-appellant and considered the facts of the case. None appeared for the respondent-State of Punjab in spite of due service of notice.

Both PW-1 (complainant) and PW-8 (shadow witness) have turned hostile. Demand of bribe by the accused-appellant has not been proved. The money allegedly offered was recovered from the co-accused (Arun Kumar) and not from the accused-appellant. That apart the act (mutation of the land) for which bribe was allegedly demanded and received had been completed on 24.11.2006 whereas the incident is of 29.11.2006. In the aforesaid facts, we are left with a great doubt with regard to the correctness of the conviction ordered by the learned trial Court and affirmed by the High Court. We accordingly, set aside the same and allow this appeal. The accused-appellant is on bail. The bail bond is discharged.