IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl. Revision No. 1797 of 2011 (O&M) Date of decision: September 02, 2011 Kulwant Singh .. Petitioner Vs. State of Punjab .. Respondent Coram: Hon'ble Mr. Justice A.N. Jindal Present: Ms. Sumanjit Kaur, Advocate for the petitioner. Ms. Bhavna Gupta, DAG, Punjab for the respondent. A.N. Jindal, J Kulwant Singh petitioner, who had once rewarded money of `50,000/- for intimating about the corruption case against Dr. Usha Kapoor, resiled from his statement for the reasons best known to him. Resultantly, the case registered against her resulted into acquittal vide judgment dated 8.11.2005 passed by the learned Special Judge, Faridkot (Ex.PW4/A). Consequently, the present petitioner was prosecuted and vide judgment dated 16.1.2010 passed by the trial court, he was slapped with rigorous imprisonment for three years and to pay fine of `5000/- under Section 420 IPC. His appeal was also dismissed by the learned Sessions Judge, Faridkot, on 20.4.2011. The facts as revealed from the record are that pursuant to the policy of the State, that reward money was promised to be given to the persons intimating the corruption. Kulwant Singh came forward and reported the matter with regard of demand of bribe by Dr. Usha Kapoor, Senior Medical Officer, Civil Hospital, Kotakpura to the effect that she had demanded a sum of `500/- and agreed to receive `400/- as bribe. A raid was conducted; she was arrested; documents Ex.P1 to P7 were signed and a statement Ex.PW8/A was made by the accused Kulwant Singh before the Vigilance Bureau against Dr. Usha Kapoor, but he refused to own these documents, therefore, vide judgment Ex.PW4/A, with regard to acquittal of Dr. Usha Kapoor was passed by the Special Court. Consequently, a case under Section 420 IPC was registered against the petitioner for cheating the Crl. Revision No. 1797 of 2011 (O&M) -2- *** State which was investigated. The Investigating Officer took into possession previous statement of the accused made before the police Ex.PW4/D, ruqa Ex.PW6/A. The prosecution also took bank draft No.331547 dated 11.3.1998 issued in favour of the accused to the tune of `50,000/- and the receipt in token of having received the said draft, took the statement of the petitioner Ex.PW6/B, whereby he had resiled from his stand, into possession. With the aforesaid documents, the prosecution has come forward to launch a prosecution against the accused. He was charged under Section 420 IPC, to which he pleaded not guilty and claimed trial. In order to substantiate the charges, the prosecution examined HC Swaran Singh (PW1), HC Kulwant Singh (PW2), both from the office of the Vigilance Bureau. Sikanderpal Singh Clerk Co-operative Bank, Faridkot (PW3) has proved the receipt of the draft and its encashment in the account of the accused. Ramesh Kumar Record Keeper, Judicial Record Room Faridkot (PW4) has proved the record of the corruption case. DSP Baljit Singh (PW5) has proved the letter on the basis of which the cases against the accused was registered. DSP Manjit Singh (PW6) has proved the investigation of the corruption case and the documents prepared during investigation. Inspector Ashwani Kumar (PW7) has proved the factum of registration of the present case by him. Jhilman Singh SP (H), Faridkot (PW8) has proved the investigation in the corruption case initiated against Dr. Usha Kapoor. When examined under Section 313 Cr.P.C. the petitioner denied all the allegations and pleaded his false implication in the case. He also examined Simarjit Kaur Clerk Office of SSP Vigilance Bureau, Bathinda (DW1) who proved certain documents. On trial, the petitioner was convicted. His appeal was also dismissed. Having heard the contentions that, actually the case was false and, therefore, he did not support the prosecution case is without any merit. Actually, even if it was so, then again the offence of cheating is proved as he induced the State to part with the reward money by giving false information but it is not so, the accused appears to have intentionally Crl. Revision No. 1797 of 2011 (O&M) -3- *** cheated the State and induced it to part with the money of `50,000/-. On the basis of his statement, a case was registered. He set the law in motion; he signed various documents with regard to identity and recovery of the currency notes. The trial of the hand wash and other memos as prepared at the spot by the Investigating Officer, then he intentionally did not support the prosecution case and resiled from his previous statement for the ulterior motives. That apart, Inspector Ashwani Kumar (PW7) has proved the ruqa Ex.PW6/A, FIR Ex.PA. The learned counsel for the petitioner has failed to address any such argument in order to prove as to under what circumstances he had received the money and the reasons for signing his statement and other memos. The act and conduct of the accused highlights the fraud committed by him. He had no respect or regard for the State, but showed his more attraction towards the money than to stand by his conscience. The day in and day out, the witnesses in this part of the country who once promise to stand to support the crime and thereby become witnesses for the cause of the State, go astray for certain reasons, thereby rendering the State a helpless body feels itself a victim of an individual or society, against whom the crime goes un-punished. Time is mature to amend the law in such a manner for (i) protection of the witnesses; (ii) videography of such investigation; (iii) presumption to the documents prepared at the time of investigation and statements recorded under Section 164 Cr.P.C.; and (iv) adequate punishment for those who dodge the State while resiling from their previous statements. In view of the consistent findings of both the courts below and due to lack of any such defect, illegality or perversity in the procedure, I am reluctant to interfere in the impugned judgment. No merits. Dismissed. September 02, 2011 (A.N. Jindal) deepak Judge