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The Supreme Court in GURDIP SINGH PATWARI vs. STATE OF PUNJAB dismissed the appeal of a former Patwari, an official Revenue Department of State of Punjab, who was convicted for demanding a bribe of Rs. 300/-.
The evidence as regards demand and acceptance was found to be creditworthy by the trial court which by its judgment and order dated 1. 12. 1999 found the Appellant guilty of charges leveled against him and sentenced him to suffer rigorous imprisonment for four years and to pay Rs. 1000/- if default whereof. The appellant was to suffer further rigorous imprisonment for one month. Under Sections 7 and Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act
He preferred an appeal before the Punjab and Haryana High Court. He did not challenge the conviction on merit and confined his argument on the point of quantum of sentence. Disposing of the appeal in 2010, the High Court took a lenient view and reduce the period of sentence to one-year rigorous imprisonment.
He filed an appeal before the Supreme Court thereafter which was disposed of last year. Allowing his application to restore the appeal last week, the court heard Senior Advocate K.T.S. Tulsi, who appeared on his behalf. It was submitted by Mr. Tulsi that the copy of the Jamabandi was issued to the complainant on 25. 06. 1997 and the trap was laid thereafter. Since the copy of Jamabandi was already given there was no reason for the accused to make any demand and as such the entire Prosecution must fail.
Dismissing the appeal on merits, the bench comprising Justices Uday Umesh Lalit, Mohan M. Shantanagoudar, and Vineet Saran, noted that the two prosecution witnesses completely established that the demand was made and that the money was found on the person of the accused. We, therefore, see no reason to interfere. The appeal is therefore dismissed. Also, the appellant shall surrender within three weeks from today, failing which he shall be taken in custody and the bail bonds furnished on his behalf shall stand forfeited. If he surrenders within a period as stated above, the bail bond shall stand canceled.
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