SANJAY AWASTHI Vs. STATE OF H.P.

JUDGEMENT

(1.) APPELLANT Sanjay Awasthi has appealed against the judgment, dated 12.6.2008, of learned Special Judge, whereby he (the Appellant) has been convicted of offences, under Sections 7 and 13(2) of the Prevention of Corruption Act and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 10,000/ -, for offence under Section 7 of the Prevention of Corruption Act and rigorous imprisonment for two years and to pay a fine of Rs. 10,000/ -, for offence, under Section 13(2) of the said Act.

(2.) PROSECUTION case, which has led to the conviction and sentencing of the Appellant, may be summed up thus. Appellant was employed with Municipal Committee, Nalagarh, as Junior Engineer, on contract basis. He was appointed in the year 1998. In the year 2006, PW -1 Shiv Prashad constructed a building for which he submitted a plan to the Municipal Committee for approval. That plan was submitted on 15.9.2006. In the month of September 2006 itself, PW -1 Shiv Prashad reported to the Muncipal Committee that his building was complete and he be issued NOC (No Objection Certificate) for obtaining electricity and water connections. Site was visited and it was found that there were deviations from the sanctioned plan, while carrying out the construction. Main deviation was with regard to the covering of entire set back area. Appellant, who was working as Junior Engineer, was required by his seniors to work out the amount, by paying which PW -1 Shiv Prashad could compound the deviation. Amount was worked out at Rs. 15,000/ -,

(3.) PW -15 Dhanbir Singh told Shiv Prashad to remain present at his residence in Nalagarh. He reached the place of PW -1 Shiv Prashad around 11.30 and recorded his statement Ext. PW1/A, under Section 154 Code of Criminal Procedure, which was sent to the concerned Police Station, where case was formally registered vide FIR Ext. PW13/A. In the meanwhile, Dy. S.P. of Anti -Corruption Department, namely Ramesh Chhajta also reached the residence of PW -1 Shiv Prashad. PW -15 Dhanbir Singh demonstrated to PW -1 Shiv Prashad and his father PW -2 Chint Ram how solutions, in water, of phenolphthalein and sodium carbonate turned pink, when mixed with each other.