RAJYA ARTHIK APRADH PRAKOSTH Vs. S.C. DEKATE

JUDGEMENT

(1.) This application under section 378(3) of Code of Criminal Procedure, 1973 has been filed by the State Economic Offence Wings being aggrieved by the judgment dated 16.01.2016 passed by the Court of Special Judge (Prevention of Corruption Act, 1988), Morena in Special Sessions Case No.15/2012, whereby respondent No.1- S.C. Dekate has been acquitted of the charges under Sec. 13(1)(c) read with section 13 (2) of the Prevention of Corruption Act, 1988 so also Sec. 420, 120B of IPC, whereas respondent No.2 Hari Singh Sikarwar has been acquitted from the charges under Sec. 13(1)(c) read with section 13(2) of the Prevention of Corruption Act, 1988 and Sec. 406 and 420 of IPC.

(2.) Learned counsel for the applicant submits that case of the prosecution is that Commissioner, Handlooms and Handicrafts M.P. Bhopal vide letter dated 05.04.1997 asked the head quarters of the Bureau to conduct a detailed inquiry in the functioning of Weavers Cooperative Societies of the Morena District, which were nine in numbers. It was alleged that between 1990-91 to 1993-94, respondent No.1- S.C. Dekate had made certain recommendations in regard to sanction of loan and subsidy, which were accepted by the Joint Director, Handloom Bhopal but such nine societies were found to be non-functional at their actual place and therefore, allegation was that with respondent No.2, who was the then President of Parvati Kaleen Bunkar Sahkari Samiti Maryadit, Sihori, Shri S.C. Dekate, who was posted as Assistant Director Handloom, Morena made unlawful gain for themselves and had committed several irregularities.

(3.) It is submitted that the learned Special Judge without appreciating the material on record has recorded a finding of acquittal against the respondents No.1 and 2. It is also pointed out that learned Special Judge has overlooked the evidence of Shri M.L. Verma (P.W.17), who was posted as Joint Director, Handloom on 12.04.1996 and had found in his inquiry that there were some irregularities but such evidence of M.L. Verma (P.W.17) and that of Pramod Gupta (P.W.12), who was posted as Deputy Auditor in the Office of Assistant Registrar, Audit Cooperative Societies, Morena and evidence of Jagdish Yadav (P.W.14), who had conducted some inquiry alongwith Shri N.K. Upadhyay (P.W.9) has not been taken into consideration and arbitrarily order of acquittal has been passed.