STATE OF HIMACHAL PRADESH Vs. TEK CHAND

JUDGEMENT

(1.) STATE has challenged, by means of the present appeal, judgment dated 14th January, 2003 of learned Special Judge (Forests), Shimla, whereby Respondent Tek Chand, who was working as Junior Engineer, at the time of the commission of the alleged offence, has been acquitted.

(2.) RESPONDENT was charged with and tried for offences, under Sections 409 of the Indian Penal Code, 5(2) of the Prevention of Corruption Act, 1947, read with Section 13(2) of the Prevention of Corruption Act, 1988, on police report, under Section 173 of the Code of Criminal Procedure.

(3.) IN view of the audit report, enquiry was conducted, by a team set up by the superior authorities of the Department. That team was headed by P.W. -2 Jagdish Chand Gupta, Executive Engineer, who submitted one sentence report Ex. P.W. -8/B that there was shortage of store worth Rupee 10,50,472/ - as indicated in Mark D (Ex. P.W. - 8/A). On the basis of this report, case was registered against the Respondent, at the instance of PWD authorities. During investigation, bin cards were taken into possession. Bin cards showed shortage of stores worth Rupee 10,50,472/ -, after making adjustment of some indents submitted by the Respondent, which remained unentered in the bin cards.