JUDGEMENT
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(1.) The applicant-gram panchayat of village Rampur Haler has
filed this application under Section 378(4) Cr.P.C. seeking leave to file an
appeal against judgment dated 31.10.2007, acquitting respondent Nos.1 to 5
of the charges framed against them.
(2.) The above accused/respondents were summoned to face trial
under Section 409 IPC and Section 13(2) of the Prevention of Corruption
Act, 1988. As per FIR No.57 dated 20.9.2000, it was allegation against
respondent Nos.1 to 5 that they had embezzled / siphoned a sum of
Rs.16,16,444/- out of the total funds released to the gram panchayat for
development works in the village (for construction of streets, drains etc.).
(3.) The offence was alleged to have been committed between 1.9.1988 and
18.8.2000. It was further allegation against them that they had spent the
amount without obtaining any technical guidance from the concerned
officer and before spending the amount, administrative approval was not
obtained. It was also alleged that on an assessment of the work done
through Executive Engineer, Panchayati Raj, Hoshiarpur, the above
embezzlement came into light.;
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