KHEM RAJ Vs. STATE OF J AND K

JUDGEMENT

(1.) This appeal is directed against the order of learned Special Judge, Anti-Corruption, Jammu, dated 27-10-1997 by virtue of which the appellant has been convicted and sentenced to undergo rigorous imprisonment for three years and to pay a find of Rs. 5000/- for the commission of offence punishable under Section 409, RPC, in default of payment of fine, he shall further undergo rigorous imprisonment for a period of one year. He has been further convicted and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 5000/- for the commission of offence punishable under Section 5 (2) of the Prevention of Corruption Act (hereinafter called as Act), in default of payment of fine, he shall further undergo rigorous imprisonment for a period of one year. It was ordered that both the sentences shall run concurrently.

(2.) The relevant facts for disposal of this appeal are that appellant was posted as ED BPM, Rajinder Pora, Post Office, during the year 1991-94 and misappropriated a sum of Rs. 47,550/-. During the year 1992, he received Rs. 4,6000/- and after receiving the amount, he recorded the entries in the respective pass books of the account holders but did not reflect the same in his daily accounts and Branch Office (Journals) i.e. RD and SB (Recurring Deposits and Saving Bank) Journals.

(3.) After investigation of the case, the challan was presented before the Court of learned Special Judge, Anti-Corruption, Jammu. The appellant was charge-sheeted under Section 409, RPC read with Section 5(2) of the Act, to which he has pleaded not guilty and claimed trial.