PHULA SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This appeal has been preferred against the impugned judgment and order dated 24.8.2011/7.9.2011, passed by the High Court of Himachal Pradesh at Shimla in Criminal Appeal No.358 of 2009 reversing the judgment and order dated 19.2.2009, passed by Ld. Special Judge, Hamirpur in Corruption Case No.1 of 2008 acquitting the appellant from the Charges under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as 'the Act'). The High Court has awarded the appellant sentence of one year RI and a fine of Rs.10,000/- and in default of payment of fine to undergo further RI for a period of six months.

(2.) Facts and circumstances giving rise to this appeal are:

(3.) Shri D.K. Garg, learned counsel appearing for the appellant has submitted that demarcation had already been made and the report had been submitted before the Tahsildar, therefore, there was no occasion for the appellant to demand any amount. As the complainant's father had encroached upon the land of Vakil Chand to the tune of one and half kanals and the appellant had shown this fact in his report the complainant was having the grudge against him. Therefore, he has falsely been enroped. The High Court failed to appreciate that there are different parameters to reverse the judgment of acquittal and in this respect failed to apply the law laid down by this Court in a catena of judgments. There is no evidence of demand or acceptance of the bribe. Hence, the appeal deserves to be allowed.