KHUSHI RAM Vs. STATE OF MP.

JUDGEMENT

(1.) FEELING aggrieved by the judgment of conviction and order of sentence dated 18.1.1997 passed by learned Special Judge, Chhindwara in Special Case No. 3/94, convicting the appellant under section 8 of the Prevention of Corruption Act, 1988 (in short 'the Act') and thereby sentencing him to suffer rigorous imprisonment of two years and fine of Rs. 3,500/-, in default of payment of fine, further RI of six months, this appeal has been preferred by him under section 374 (2) of the Code of Criminal Procedure, 1973.

(2.) IN brief the case of prosecution is that in the intervening night of 25th and 26th of November, 1994 Assistant Sub-Inspector Parasnath Yadav was posted at Police Chowki Delakhari of Police Station Tamiya. In the late night said ASI checked Vehicle No. MP 22-B/4491 and found that the truck was containing 5 quintals of Achar Chironji (forest produce) kept in 11 bags having value of rupees one lac. The transit pass was found in the name of one Vinay Kumar and Chironji was being sent to Gujarat by appellant. According to prosecution, appellant himself was carrying on the business and was using the name of one Vinay Kumar in whose favour the transit pass was issued, for evasion of sales tax. It is the further case of prosecution that in order to release the truck and Chironji appellant offered bribe of Rs. 3,500/- to said ASI and as such he has committed offence as envisaged under section 7 of the Act, as a result of which on the basis of information sent by ASI to Dy. S.P. a case was registered under section 12 of the Act against the appellant.

(3.) IN order to prove the charge, prosecution examined as many as nine witnesses and placed Exs. P-1 to P-12, the documents on record.