RAM SARAN DAYAL Vs. STATE OF H.P.

JUDGEMENT

(1.) THE appellant has challenged his conviction and sentence passed in Corruption Case No.7 -S/7 of 1995 by the learned Special Judge (F), Shimla, on 17.12.2003, for the offences punishable under Sections 420, 465, 468, 471 read with Section 120B of the Indian Penal Code and also Section 13(2) of the Prevention of Corruption Act, whereby, he was sentenced under each of the sections, as follows: - OFFENCE UNDER SECTIONSENTENCE 420 IPCRigorous Imprisonment for a period of three years and a fine of Rs.3,000/ - and in default of payment of fine to further undergo Rigorous Imprisonment for a period of nine months. 465 read with Section 120 -B IPCRigorous Imprisonment for a period of two years and a fine of Rs.2,000/ - and in default of payment of fine to further undergo Rigorous Imprisonment for a period of six months. 468 read with Section 120 -B IPCRigorous Imprisonment for a period of three years and a fine of Rs.3,000/ - and in default of payment of fine to further undergo Rigorous Imprisonment for a period of nine months. 471 read with Section 120 -B IPCRigorous Imprisonment for a period of two years and a fine of Rs.2,000/ - and in default of payment of fine to further undergo Rigorous Imprisonment for a period of six months. 13(2) of Prevention of Corruption Act.Rigorous Imprisonment for a period of one years and a fine of Rs.1,000/ - and in default of payment of fine to further undergo Rigorous Imprisonment for a period of three months. All the sentences are ordered to run concurrently and further the period of detention, if any, undergone by the appellant during the investigation, inquiry or trial was ordered to be set -off against the imprisonment imposed against him.

(2.) IN nut -shell, the facts giving rise to the present appeal can be stated thus. The appellant referred as "the accused" hereafter, started his career on and w.e.f. 17.1.1956 as Junior Auditor in District Cooperative Supply Department and retired as Deputy Director, Food & Supply. It is alleged that he had tampered with the date of birth in the service record in service particulars in collusion with his co -accused showing his date of birth as 27.1.1937, whereas his actual date of birth was 27.1.1933. On its basis, departmental inquiry was held. During the inquiry, following facts came to light:

(3.) PW 15 Jia Lal, Inspector of Anti Corruption Department, Shimla took up the investigation. During investigation he seized application for admission (Ext.PW5/B), School Leaving Certificate (Ext.PW5/A) and the Charge -list (Ext.PW5/C) vide seizure memo Ext.PW15/A. He also took into possession School admission and withdrawal register (Ext.PW2/A), including the applications Exts.PW4/A -1 to PW4/A -16, noting sheets (Ext.PW15/C) and Gazette (Ext.PW9/A) consisting the entry at page -130 (Ext.PW9/C). He further took into possession copy of Gazette Ext.PW15/H and copy of Rules Ext.PW8/A, providing the procedure meant for correcting date of birth, by the University.