RASILU RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 15.6.2010/ 5.7.2010 passed by the learned Special Judge, Chamba whereby the Appellant has been convicted of having committed offences punishable under Sections 409, 420, 468 and 471 Indian Penal Code and Section 13(2) of the Prevention of Corruption Act, 1988 and has been sentenced to undergo simple imprisonment of three years for each offence and to pay fine of Rs. 5000/ - for each of the offences and in default of payment of fine to undergo simple imprisonment of six months in each case. All the sentences have been directed to run concurrently.

(2.) THE undisputed facts are that the Appellant was Pradhan of Gram Panchayat Parotha, Development Block Chamba, District Chamba. It is not disputed that a sum of Rs. 60,000/ - was sanctioned for construction of a Community Centre Building at Parotha. Out of this amount, a sum of Rs. 25,000/ - was actually released and received by the Appellant. The case of the prosecution is that the Appellant did not construct any building and mis -appropriated the amount of Rs. 25,000/ -. It is also alleged that he also forged some documents for the purpose of mis - appropriating the said amount. Since he was a public servant being Pradhan of Gram Panchayat he is also liable to be punished under the Prevention of Corruption Act.

(3.) AFTER receipt of the complaint, the matter was marked to the Superintendent of Police (Vigilance), Chamba who in turn marked it to the Dy.S.P. (Vigilance), Chamba. A criminal case was registered against the Appellant and the matter was investigated and during investigation it was found that though Rs. 25,000/ - were specifically released for construction of a Community Hall at Parotha to the Appellant this amount was not utilized and was mis -appropriated by the Appellant.