STATE OF H P Vs. RAJ KUMAR

JUDGEMENT

(1.) SURJIT Singh, Judge(Oral) State has appealed against the judgment, dated 30.3.2009, of learned Special Judge, Chamba, whereby respondent Raj Kumar and Bhupinder Singh, who were charged with and tried for offences, under Sections 420, 467, 468, 471, 120-B IPC and Section 13(2) of the Prevention of Corruption Act, have been acquitted.

(2.) CASE of the prosecution, which led to the charging and trial of the respondents, may be noticed. Respondent Raj Kumar applied for grant-in-aid alleging that his house had been damaged on account of unprecedented rains in the area. Respondent Bhupinder Singh herein certified that the house belonged to respondent and it had been extensively damaged. A sum of `5000/- was sanctioned as grant on the basis of the aforesaid recommendation.

(3.) ON completion of investigation, report, under Section 173 Cr. P.C, alongwith relevant papers, was filed in the Court of learned Special Judge, who after complying with the requirement of Section 207 Cr. P.C. and hearing learned Public Prosecutor and learned defence counsel, and perusing the record, felt that a prima-face case, under the aforesaid provisions of Indian Penal Code and Prevention of Corruption Act, was made out against the respondents. They were charged accordingly. ON their pleading not guilty, they were tried.