STATE OF HIMACHAL PRADESH Vs. PARTAP SINGH

JUDGEMENT

(1.) STATE has filed this appeal against the judgment dated 06.09.2004, rendered by the learned Special Judge (Forests), Shimla in Corruption Case No. 53-S/7 of 2003/95, whereby respondents Partap Singh, J.S. Parihar, Prem Chand Thakur and Mohan Singh, who were charged with and tried for offences, under Sections 218, 420, 467, 468, 471 and 120-B of the Indian Penal Code, Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 and Sections 4, 5 & 6 of the H.P. Prevention of Corrupt Practices Act, 1983, have been acquitted.

(2.) CASE of the prosecution, in a nut-shell, is that respondents J.S. Parihar, while working as Executive Engineer, Prem Chand as Junior Engineer and Mohan Singh, Head Draughtsman, allotted the work for construction of retaining wall RD-2130 to RD-2140 meters for `71830/-. The name of the work was `Construction of Approach Road to Power House Site RD-2000 to RD-3155 meters Sub-head construction of retaining wall RD-2130 to RD-2140 meters'. The work was allotted to respondent Partap Singh. PW-3 Rama Nand, while investigating F.I.R. No. 25/90, noticed certain irregularities in the work of Jhakri Division. He has requested the superior officers for constituting a technical committee to look into the matter. Consequently, the H.P. State Electricity Board constituted a technical committee to detect the irregularities committed during the execution of work in Jhakri Division. The committee submitted its report Ex. PW-1/D, on the basis of which, ruka Ex. PW-3/A was sent. Thereafter, F.I.R. Ex. PA/1 was registered. The matter was investigated by the police thoroughly. The challan was put up after completing all the codal formalities.

(3.) THE Prosecution, in order to prove its case, has examined as many as 9 witnesses. Respondents were also examined under Section 313 of the Code of Criminal Procedure. THEir stand was that of denial simplicitor.