THE STATE OF H.P. Vs. SUKHRAJ

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment dated 03.11.1998, delivered by the learned Special Judge, Una, in Corruption Case No. 3 of 1994, whereby the accused has been acquitted of having committed offences punishable under Sections 420, 465, 457, 468, 471 IPC and Section 5(2) of the Prevention of Corruption Act.

(2.) THE undisputed facts are that the accused Sukhraj was working as Teacher under the employment of the Government of Himachal Pradesh. He was posted in District Una at the relevant time. He applied for grant of Leave Travel Concession (LTC) for traveling along with his family members. The accused submitted a final LTC bill of Rs. 4739/ -, which was paid to him.

(3.) DURING the course of investigation, it was revealed that the accused and his family members had not actually performed the journey from Chandigarh to Kanya Kumari or back and had submitted forged receipts and bus tickets. According to the prosecution, the accused submitted bills allegedly issued by Tinkoo Travels, which were forged, because no travel agency in the name and style of Tinkoo Travels existed. The prosecution case is that the accused used this forged and fictitious vouchers for illegally withdrawing the amount in question from the government. It was further alleged that bus No. DEP 3836, in which the accused along with family members allegedly traveled to Kanya Kumari had not been entered at Police Check Post at Kanya Kumari during the relevant period.