JARNAIL SINGH & ANR versus STATE OF PUNJAB

Citation: [2022] 13 S.C.R. 196 · Decided: 12-07-2022 · Supreme Court of India · Bench: AJAY RASTOGI · Disposal: Appeal(s) allowed
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Judgment (excerpt)

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SUPREME COURT REPORTS
[2022] 13 S.C.R.
JARNAIL SINGH & ANR.
v.
STATE OF PUNJAB
(Criminal Appeal No. 634 of 2010)
JULY 12, 2022
[AJAY RASTOGI AND VIKRAM NATH, JJ.]
Penal Code, 1860: ss. 409/109, 420/109, 467/109, 471/109,
474/109, 477-A/109 and 120-B – Prevention of Corruption Act,
1988 – ss. 13(i)(d) and 7 – Allegations against the General Manager
of the State Roadways Depot, that in connivance with conductor
and others was selling and using tickets got printed on his own and
sold through his own persons, who used to collect money for him,
causing huge loss to the Depot – Registration of FIR – Conviction
and sentence of the three conductors-appellants u/ss. 409/109, 420/
109, 467/109, 471/109, 474/109, 477-A/109 and 120-B IPC and
ss. 13(i)(d) and 7 of the PC Act, and acquittal of the others by the
courts below – On appeal, held: Failure of the inspecting team, to
prove the recovery of the tickets to have been validly made as also
failure to prove the enquiry report as only a photocopy was filed –
No efforts by the prosecution to prove the existence of the original
and loss thereof in order to take an order for leading secondary
evidence – Thus, no reliance could be placed upon the enquiry
report – Once, the recovery of the tickets is found to have not been
made in accordance with law, nor the seized tickets could be
connected to the three different buses and the conductors manning
the said buses-appellants, not safe to rely upon the unconfirmed
tickets to connect them to the appellants – Enquiry report not proved
despite the State applying for leading secondary evidence and not
pursuing it any further – Thus, no evidence to establish the charge
against the appellants – Judgment of the High Court and the trial
court qua the appellants set aside – Evidence.
Ashok Dhulichand v. Madhavrao Dube (1975) 4 SCC
664 : [1976] 1 SCR 246; Jai Dev v. State of Punjab
AIR 1973 SC 612; Sharad Birdichand Sarda v. State
of Maharashtra (1984) 4 SCC 116 : [1985] 1 SCR 88;
Sujit Biswas v. State of Assam (2013) 12 SCC 406;
[2022] 13 S.C.R. 196
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Samsul Haque v. State of Assam (2019) 18 SCC 161;
Sarwan Singh v. State of Punjab AIR 1957 SC 637 :
[1957] SCR 953; Shivaji S. Bobade v. State of
Maharashtra (1973) 2 SCC 793 : [1974] 1 SCR 489;
Subhash Chand v. State of Rajasthan (2002) 1 SCC
702 : [2001] 4 Suppl. SCR 163; Sujit Biswas v. State of
Assam (2013) 12 SCC 406 : [2013] 3 SCR 830; Rajiv
Singh v. State of Bihar (2015) 16 SCC 369; State of
U.P. v. Wasif Haider (2019) 2 SCC 303 : [2018] 14
SCR 1161 – referred to.
Case Law Reference
[1976] 1SCR 246 6
referred to
Para 6 (iv)
AIR 1973 SC 612
referred to
Para 6 (vii)
[1985] 1 SCR 88
referred to
Para 6 (vii)
(2013) 12 SCC 406 6
referred to
Para 6 (vii)
(2019) 18 SCC 161 6
referred to
Para 6 (vii)
[1957] SCR 953
referred to
Para 6 (viii)
[1974] 1 SCR 489
referred to
Para 6 (viii)
[2001] 4 Suppl. SCR 163
referred to
Para 6 (viii)
[2013] 3 SCR 830
referred to
Para 6 (viii)
(2015) 16 SCC 369
referred to
Para 6 (viii)
[2018] 14 SCR 1161
referred to
Para 6 (viii)
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No.
634 of 2010.
From the Judgment and Order dated 14.09.2009 of the High Court
of Punjab & Haryana at Chandigarh in Criminal Appeal No. 205-SB of
2002.
With
Criminal Appeal No. 633 of 2010.
Neeraj Kumar Jain, Sr. Adv., D. P. Singh, Ms. Shreya Dutt, Manu
Mishra, Tavishi Kumar, Sanjay Jain, Sanjay Singh, Aniket Jain, Umang
Shankar, Advs. for the Appellants.
JARNAIL SINGH & ANR. v. STATE OF PUNJAB
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SUPREME COURT REPORTS
[2022] 13 S.C.R.
R. K. Rathore, Ms. Jaspreet Gogia, Advs. for the Respondent.
The Judgment of the Court was delivered by
VIKRAM NATH, J.
1. These two appeals question the correctness of the judgment
and order dated 14.09.2009 passed by the High Court of Punjab and
Haryana at Chandigarh in Criminal Appeal No.205 (SB) of 2002 (Sohan
Lal and others Vs. The State of Punjab) whereby, the High Court
confirmed the conviction of the appellants namely, Jarnail Singh, Salwant
Singh and Balkar Singh under Sections 409/109, 420/109, 467/109, 471/
109, 474/109, 477-A/109 and 120-B of the Indian Penal Code, 18601 and
Sections 13(i)(d) and 7 of the Prevention of Corruption Act, 19882 to
undergo three years rigorous imprisonment with fine of Rs.1000/- and in
default of fine to undergo additional six months imprisonment, awarded
by the Special Judge, Faridkot vide judgment and order dated 28th January,
2002.
FACTS:
2. Briefly stated the
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