SHASHI KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal has been filed by Shashi Kumar son of Gaje Singh against the judgment and order dated 24.11.1999 passed by Special Judge, Kamal, whereby he was found guilty and convicted under Section 7 of the Prevention of Corruption Act, 1988 (for short hereinafter to be referred as "the Act") and sentenced, vide order of even date to 2 years RI and a fine of Rs.5,000/-. In default of payment of fine, he was further sentenced to undergo RI for 6 months. However, his co-accused, namely, Ram Nath was acquitted by giving him benefit of doubt.

(2.) Briefly stated, the facts are that co-accused of the appellant, Ram Nath was posted as A.F.M. in Haryana State Electricity Board, Nissing in February 1994. He had obtained Rs.3200/- as illegal gratification from PW.8- Puran Singh for recommending and forwarding his case for getting installed a transformer through his co-accused Shashi Kumar-appellant. At the time, the appellant was posted as Junior Engineer in Haryana State Electricity Board at Nissing. He had obtained a sum of Rs. 5500/- from PW.8-Puran Singh on 9.5.1995 for the aforesaid purpose as illegal gratification, which amount was recovered from his possession by PW.12-DSP, State Vigilance Bureau, Kamal. It was also stated that the appellant had received another sum of Rs.3,000/- as illegal gratification from PW.8-Puran Singh prior to 9.5.1995 in the presence of Jogi Ram-PW.2.

(3.) After completion of the investigation, challan was put up in the Court of Special Judge. Having made out a prima facie case, the Special Judge, Kamal, vide his order dated 23.5.1996, charged the appellant and his co- accused under Section 7 read with Section 13 of the Act to which they pleaded not guilty and claimed trial.