STATE OF H P Vs. TIRATH RAM

JUDGEMENT

(1.) This appeal by the State is directed against the judgement of the learned Special Judge, Una, in Corruption case No. 1 of 1993 dated 20.3.1995 whereby he acquitted the accused of having committed offences punishable under Sections 420, 465, 467, 468, 471 of the Indian Penal Code and under Section 5(2) of Prevention of Corruption Act.

(2.) The Admitted facts are that the accused was working as a teacher in Government Primary School, Jhambar. He applied for grant of Leave Travel Concession to travel alongwith his family members to Goa and back to his place of posting. He was granted an advance of Rs.4200/- on 21.7.1983. The accused submitted certain vouchers showing that he had traveled to Goa and back to the superior authorities between the period 15.8.1983 to 25.8.1983. He submitted total bills of Rs.6990/ and after deducting advance of Rs.4200/- he was paid balance amount of Rs.2790/- on 13.9.1983.

(3.) Here the dispute begins. According to the prosecution the accused and his family never traveled to Goa. The accused had produced vouchers from India Tourist Bus Service for the journey from Delhi to Goa and back to Delhi. According to him he had traveled from Una to Delhi and back to Una by HRTC bus. There is no serious challenge to the claim of the accused for his journey upto Delhi. The main dispute is whether the accused and his family traveled from Delhi to Goa and back. The main plank of the prosecution case is that in fact no India Tourist Bus Service exists at the address given in the vouchers Ext.PW-2/B to Ext.PW2/D and that these vouchers produced by the accused are forged one. The defence of the accused is that in fact his family members traveled from Una to Delhi by HRTC bus and thereafter he obtained the services of a travel agent who booked him on a bus belonging to the India Tourist Bus Service to Goa. However, on the way the bridge between Banda and Goa had been damaged and heavy vehicles were not allowed to cross the said bridge and therefore, he and his family members went to Goa from Banda by taxi and came back in a taxi and then took the bus back to Delhi.