BHAG CHAND SONI Vs. STATE OF H.P.

JUDGEMENT

(1.) This appeal is instituted against the judgment dated 31.12.2010, rendered by the learned Special Judge (Forest), Shimla, H.P., in Corruption Case No. 9 -S/7 of 2009, whereby the appellant -accused (hereinafter referred to as the accused), who was charged with and tried for offences punishable under Sections 409 and 420 IPC and Section 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as "the P.C. Act" for convenience sake) was convicted and sentenced to suffer imprisonment for three years and to pay a fine of Rs. 10,000/ - and in default of payment of fine to further undergo imprisonment for three months under Section 409 IPC. He was also sentenced to suffer imprisonment for three years and to pay a fine of Rs. 10,000/ - and in default of payment of fine to further undergo imprisonment for three months under Section 420 IPC. He was further sentenced to undergo imprisonment for three years and to pay a fine of Rs. 10,000/ - and in default of payment of fine to undergo imprisonment for three months under Section 13(2) of the P.C. Act. The sentences were ordered to run concurrently.

(2.) The case of the prosecution, in a nut shell, is that PW -3 Chet Ram obtained a loan of Rs. 50,000/ - for running a karyana shop from H.P. Minorities Finance and Development Corporation, Shimla. He committed default. A notice was served upon him on 5.12.2007 asking him to deposit the amount in question. On 25.12.2007 accused Bhag Chand Jr. Assistant of the Corporation visited Chet Ram at his house and received a sum of Rs. 21,000/ - and issued receipt thereof. On 6.11.2008, Chet Ram informed the Corporation that he has made payment to accused Bhag Chand. Pursuant to this complaint, the Dy. General Manager was assigned the job of inquiry. Notice was issued to accused Bhag Chand on 17.11.2008. Accused Bhag Chand through communication dated 26.11.2008 admitted to have received the money through his son and regretted the lapse. He also deposited Rs. 21,000/ - in the Corporation's account in the Axis Bank. The Dy. General Manager sent letter dated 22.11.2008 for registration of a case and FIR was registered at Police Station SV & ACB, Shimla. Various documents were taken into possession by the police. The investigation was completed and the challan was put up before the Court after completing all the codal formalities.

(3.) The prosecution, in order to prove its case, has examined as many as nine witnesses. The accused was also examined under Section 313 Cr.P.C. He admitted that he was charge -sheeted and departmental inquiry was conducted. He also admitted that he was responsible for stock and stores, furniture and fixtures, diary dispatch etc. He claimed that when he was deputed for election duty, he had handed over the charge to Sh. C.L.Sharma. He specifically denied to have received Rs. 21,000/ - from Chet Ram and issuance of receipt to him. He submitted his reply on 26.11.2008 admitting his guilt. However, no defence evidence was led by the accused. The learned trial Court convicted and sentenced the accused, as noticed hereinabove. Hence, this appeal.