Through PTI
NEW DELHI: A cleaner, who labored within the place of business of a civil surgeon in Punjab, was once on Thursday acquitted through the Perfect Court docket of the costs of allegedly accepting a bribe of Rs 300 20 years in the past for making ready a loss of life certificates.
The highest courtroom acquitted Jagtar Singh (65), who was once convicted through the trial courtroom in 2005 for offences beneath the Prevention of Corruption Act and awarded one-year imprisonment.
On March 2, 2010, the Punjab and Haryana Prime Court docket upheld his conviction and sentence.
The enchantment remained pending sooner than the highest courtroom for 13 years.
A bench of justices Abhay S Oka and Rajesh Bindal, acquitted Singh, who was once 45 years outdated when he was once booked for the offence of accepting a bribe and put aside the orders of the top courtroom and the trial courtroom.
“The trial courtroom had in particular held that there’s no proof produced on file to turn out the call for of unlawful gratification.
It’s not the case wherein the call for was once reiterated when the cash was once allegedly paid to him The Prime Court docket has handed its judgment at the assumption that the cash having been recovered from the appellant, there was once a requirement for unlawful gratification.
This isn’t a case the place there was once circumstantial proof to turn out the call for,” the bench stated.
Recommend Gagan Gupta, who seemed for Singh, stated he was once granted bail in 2008 however in general he had served 38 days in prison.
“He retired from the federal government task in 2016, with a stigma,” he stated.
The bench held that Singh’s judgment can’t be sustained in view of the regulation laid down through the 2022 charter bench verdict with regards to Neeraj Dutta as opposed to the Executive of NCT Delhi, the place it was once held that the call for and restoration each should be proved to maintain a conviction beneath the Prevention of Corruption Act.
The bench famous that within the case, complainant Jit Singh in addition to Chamkur Singh, an ex-village panchayat member, who was once made shadow prosecution had grew to become opposed within the trial courtroom.
A shadow witness is person who accompanies the complainant in simple garments to the general public servant in the hunt for a bribe, to witness the transaction of bribery and to provide a pre-determined sign to the raiding celebration.
Recommend for the Punjab govt had submitted that the phenolphthalein-coated forex notes with the similar serial numbers had been recovered from Singh within the presence of unbiased witnesses.
The recommend had stated right through arguments that inference can also be drawn that there was once call for and for this reason Singh authorised the unlawful gratification, therefore, his conviction merits to be upheld.
Gupta on different hand had contended, on the maximum, it may be stated that restoration has been proved regardless that that also is severely in doubt and there’s no proof of call for of unlawful gratification.
In line with the grievance, it was once alleged that for purchasing the loss of life certificates of Maghar Singh, who expired on March 6, 2003, Ranjit Singh, his son, asked his cousin Jit Singh to assemble the similar.
On October 17, 2003, Jit Singh met Jagtar Singh in reference to the provision of a loss of life certificates, however the latter demanded Rs 500, as unlawful gratification.
The grievance stated that the general agreement was once arrived at for fee of Rs 300 through Jit Singh.
Since Jit Singh was once reluctant to pay the unlawful gratification, he contacted Chamkaur Singh and on his recommendation went to the place of business of DSP, Vigilance at Faridkot and were given his commentary recorded, at the foundation of which FIR was once registered.
The complainant passed over 3 forex notes of Rs 100 every to the DSP, Vigilance, who after coating the similar with phenolphthalein powder recorded their numbers within the memo and passed over the similar once more to Jit Singh.
Chamkaur Singh was once made the shadow witness.
Police claimed that Jagtar Singh was once alleged that the appellant was once arrested red-handed whilst accepting the unlawful gratification.
All over the trial, each Jit and Chamkaur Singh didn’t beef up the prosecution model and had been declared opposed.
Usha Kumari, who labored as a pc operator within the place of business of the civil surgeon, deposed that Jagtar Singh was once running within the place of business as a cleaner.
She had deposed that during emergency Jagtar Singh was once additionally was once deputed for discharging different tasks additionally together with making ready loss of life certificate.
Kumari had advised the courtroom that the loss of life certificates in query was once ready on October 17, 2003, and Jagtar Singh was once deputed to organize the loss of life certificate on October 20, 2003.
She had stated the loss of life certificates have been ready previous to the date on which Jagtar Singh was once assigned the obligation to organize the loss of life certificates.
NEW DELHI: A cleaner, who labored within the place of business of a civil surgeon in Punjab, was once on Thursday acquitted through the Perfect Court docket of the costs of allegedly accepting a bribe of Rs 300 20 years in the past for making ready a loss of life certificates.
The highest courtroom acquitted Jagtar Singh (65), who was once convicted through the trial courtroom in 2005 for offences beneath the Prevention of Corruption Act and awarded one-year imprisonment.
On March 2, 2010, the Punjab and Haryana Prime Court docket upheld his conviction and sentence.googletag.cmd.push(serve as() googletag.show(‘div-gpt-ad-8052921-2’); );
The enchantment remained pending sooner than the highest courtroom for 13 years.
A bench of justices Abhay S Oka and Rajesh Bindal, acquitted Singh, who was once 45 years outdated when he was once booked for the offence of accepting a bribe and put aside the orders of the top courtroom and the trial courtroom.
“The trial courtroom had in particular held that there’s no proof produced on file to turn out the call for of unlawful gratification.
It’s not the case wherein the call for was once reiterated when the cash was once allegedly paid to him The Prime Court docket has handed its judgment at the assumption that the cash having been recovered from the appellant, there was once a requirement for unlawful gratification.
This isn’t a case the place there was once circumstantial proof to turn out the call for,” the bench stated.
Recommend Gagan Gupta, who seemed for Singh, stated he was once granted bail in 2008 however in general he had served 38 days in prison.
“He retired from the federal government task in 2016, with a stigma,” he stated.
The bench held that Singh’s judgment can’t be sustained in view of the regulation laid down through the 2022 charter bench verdict with regards to Neeraj Dutta as opposed to the Executive of NCT Delhi, the place it was once held that the call for and restoration each should be proved to maintain a conviction beneath the Prevention of Corruption Act.
The bench famous that within the case, complainant Jit Singh in addition to Chamkur Singh, an ex-village panchayat member, who was once made shadow prosecution had grew to become opposed within the trial courtroom.
A shadow witness is person who accompanies the complainant in simple garments to the general public servant in the hunt for a bribe, to witness the transaction of bribery and to provide a pre-determined sign to the raiding celebration.
Recommend for the Punjab govt had submitted that the phenolphthalein-coated forex notes with the similar serial numbers had been recovered from Singh within the presence of unbiased witnesses.
The recommend had stated right through arguments that inference can also be drawn that there was once call for and for this reason Singh authorised the unlawful gratification, therefore, his conviction merits to be upheld.
Gupta on different hand had contended, on the maximum, it may be stated that restoration has been proved regardless that that also is severely in doubt and there’s no proof of call for of unlawful gratification.
In line with the grievance, it was once alleged that for purchasing the loss of life certificates of Maghar Singh, who expired on March 6, 2003, Ranjit Singh, his son, asked his cousin Jit Singh to assemble the similar.
On October 17, 2003, Jit Singh met Jagtar Singh in reference to the provision of a loss of life certificates, however the latter demanded Rs 500, as unlawful gratification.
The grievance stated that the general agreement was once arrived at for fee of Rs 300 through Jit Singh.
Since Jit Singh was once reluctant to pay the unlawful gratification, he contacted Chamkaur Singh and on his recommendation went to the place of business of DSP, Vigilance at Faridkot and were given his commentary recorded, at the foundation of which FIR was once registered.
The complainant passed over 3 forex notes of Rs 100 every to the DSP, Vigilance, who after coating the similar with phenolphthalein powder recorded their numbers within the memo and passed over the similar once more to Jit Singh.
Chamkaur Singh was once made the shadow witness.
Police claimed that Jagtar Singh was once alleged that the appellant was once arrested red-handed whilst accepting the unlawful gratification.
All over the trial, each Jit and Chamkaur Singh didn’t beef up the prosecution model and had been declared opposed.
Usha Kumari, who labored as a pc operator within the place of business of the civil surgeon, deposed that Jagtar Singh was once running within the place of business as a cleaner.
She had deposed that during emergency Jagtar Singh was once additionally was once deputed for discharging different tasks additionally together with making ready loss of life certificate.
Kumari had advised the courtroom that the loss of life certificates in query was once ready on October 17, 2003, and Jagtar Singh was once deputed to organize the loss of life certificate on October 20, 2003.
She had stated the loss of life certificates have been ready previous to the date on which Jagtar Singh was once assigned the obligation to organize the loss of life certificates.