Criminal Misc. No.A-682-MA of 2007 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.A-682-MA of 2007 Date of decision : 15.12.2008 State of Punjab ...Appellant Versus Satbir Singh and another ...Respondents CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Ms. Manjari Nehru Kaul, Advocate for the respondent-State. Mr. Gurmit Singh, Advocate for respondent no.2. S. D. ANAND, J. The learned Special Judge non suited the appellant-State of Punjab by exonerating Satbir Singh and Hari Chand Sharma of the charge under Section 9 of the Prevention of Corruption Act and also 420, 120-B IPC. The prosecution presentation was that the cheated persons (who were seeking employment) had been taken to the respondents/accused at Delhi and it is there only that the respondents/accused raised the impugned demand for illegal gratification and issued the slips of payment thereof. Learned Trial Court recorded a finding of conviction against Niranjan Singh and Gurtez Singh @ Raju but acquitted Satbir Singh and Hari Chand Sharma by noticing that there is not even a word uttered against them in the course of the complaint Ex. PA and also in view of the inability on the part of the Investigating Officer (DSP Sukhwinder Singh) to clarify “how the name of these two accused emerged during the Criminal Misc. No.A-682-MA of 2007 -2- **** investigation of the case. The learned Trial Judge further observed as under:- “No test identification parade of these two accused has been conducted. There is nothing to suggest that any money was paid by any of the victims to Satbir Singh or Hari Chand Sharma. It is not the case of prosecution that any demand was raised by them. It has also not been pointed out as to who had issued the slips which were given to the victims. During the cross examination, it has been pointed out by Sukhwinder Singh Mann the Investigating Officer that he did not get the writing on the receipt examined from any expert to show as to in whose handwriting, the same were prepared. In these circumstances, the allegations against Satbir Singh and Hari Chand Sharma accused cannot be termed to be proved and established beyond the shadow of reasonable doubt.” I find that the findings of fact recorded by the learned Trial Judge are relatable to the material obtaining on the file and there is nothing perverse in the appreciation of evidence by the learned Trial Judge. Dismissed. December 15, 2008 (S.D. ANAND) Pka JUDGE