TARA CHAND RAMPAL Vs. THE STATE

JUDGEMENT

(1.) This appeal has beer preferred against the judgment made by Shri O. P. Singla. Special Judge, Delhi on the 31st of May, 1972, in terms where the appellant was convicted under Sec. 409 of the Indian Penal Code and was held guilty of criminal misconduct within the meaning of Sec. 5 (1) (c) and (d) read with Sec. 5 (2) of the Prevention of Corruption Act. hereinafter called "the Act." In respect of his conviction under Sec. 409 of the Indian Penal Code the appellant was sentenced to one year's rigorous imprisonment and a fine of Rupee 500/ - in default of payment whereof he was to undergo three months' rigorous imprisonment. Identical sentence and fine were imposed in respect of his conviction under Sec. 5 (2) of the Act. The sentences were to run concurrently.

(2.) The prosecution alleged that at the time of the commission of the offences the appellant was working as second -in -command (2/IC) in the 39th Battalion of the Central Reserve Police at Silchar as between the 6th of November, 1968 and the 5th of August, 1969. While holding that post he was alleged to have told Shri G.B. Lama, P.W. 19 that six parachutes of best quality be requisitioned from the companies and their dispatch should not be shown in any vouchers PW 19 was alleged to have sent messages to companies B and C requiring the dispatch of six parachutes. Company (B) was alleged to have sent six parachutes through Murari Lal constable who was examined as P.W. 6 at the trial. He landed at Aijle in a helicopter with the six parachutes on 13 -1 -1969 wherefrom he went to Dhaleshwari where he met Shri G.D. Lama, who directed him to take the six parachutes brought from company 'B' to the headquarters at Silchar.

(3.) After appreciating the evidence of the various witnesses examined at the trial the Special Judge convicted the appellant as noticed above.