R.N. SINGH S/O BALVANT SINGH CHAUHAN R/O VILLAGE KHAJURI, RAIPUR DISTRICT BIJNOR, FOOD INSPECTOR DEHADUN DISTRICT DEHRADUN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THIS appeal, is directed against the judgment and order dated 02.07.2004, passed by IInd Fast Track Court/Additional Sessions Judge/Special Judge, (Prevention of Corruption Act), Nainital, in Special Criminal Case No. 01 of 2002, whereby said court has convicted the accused/appellant R.N. Singh under section 7 and section 13(2) of Prevention of Corruption Act, 1988, (for short PCA) and sentenced him to rigorous imprisonment for a period of one year and directed to pay fine of Rs. 2,000/ -under section 7 of Prevention of Corruption Act, 1988, and rigorous imprisonment for a period of two years and directed to pay fine of Rs. 3,000/ -under section 13(2) of Prevention of Corruption Act, 1988.

(2.) HEARD learned counsel for the parties, and perused the lower court record.

(3.) THE Special Judge (PCA), after giving necessary copies to the accused, as required under section 207 of Cr.P.C., heard the parties, and framed charge of offences punishable under section 7 and under section 13(2) of Prevention of Corruption Act, 1988, on 17.09.2002, against the accused R.N. Singh, who pleaded not guilty and claimed to be tried. On this prosecution got examined PW1 Charan Das (partially hostile), PW2 Radhye Shyam (hostile), PW3 Harish Dhavan (hostile), PW4 Nand Kishor Tyagi, PW5 J.P. Sharma (Investigating Officer) and PW6 Head Constable Shivnandan Sharma. Oral and documentary evidence was put to the accused, under section 313 Cr.P.C., in reply to which, he alleged that the prosecution case is false, and he is innocent. He further pleaded that only because the accused/appellant gave notice to the complainant Charan Das, as to why, he should not be prosecuted for running the grocery shop without license, he got him implicated in the criminal case. No evidence in defense was adduced. It is also pertinent to mention that the court got examined CW1 Shankar Prasad, to get proved the sanction for prosecution of the accused in the case.