STATE OF HIMACHAL PRADESH Vs. HARDEEP GOEL

JUDGEMENT

(1.) State has appealed against the judgment dated 25th August, 2003 of learned Special Judge, whereby respondent Hardeep Goel has been acquitted of charge, under Section 409 of the Indian Penal Code and Section 13(2) of the Prevention of Corruption Act, 1988.

(2.) Prosecution's case is that while posted as Junior Engineer, in Solan Sub Division of Himachal Pradesh State Electricity Board, respondent Hardeep Goel used to operate Central Store, which was under the charge of Shri S. M. Bhatti (PW-5), when the latter happened to be on leave. Said Shri S. M. Bhatti went on casual leave on 27th and 28th July, 1998. He handed over the key of the store to the respondent. Respondent is alleged to have removed two gunny bags, containing copper wire, from the store on 27th July, 1988, in the evening. Those two gunny bags were kept by him in his own store, situated close to the aforesaid Central Store. On 1st August, 1998, in the evening, he brought two Kashmiri Khan labourers and carried those two gunny bags, containing copper wire, to Railway Station, Solan, where Forwarding Note Ex. P-1 was filled-in, in which consigner was shown to be a fictitious person, by the name of Ramesh Kumar. The goods were to be delivered to the consigner himself at Patiala. Railway Receipt Ex. PW-6/A was issued.

(3.) On 3rd August, 1998, respondent went to Patiala to take delivery of those two gunny bags. He produced Railway Receipt Ex. PW-6/A to PW-6 Shri Sunder Lal, Senior Parcel Clerk, to seek delivery of the two gunny bags. Said PW-6 Shri Sunder Lal procured his (respondent's) signature in Register Ex. PW-6/B at Page 657688, at serial No. 1. Respondent signed as Ramesh Kumar and took the delivery of the two gunny bags, containing copper wire. When carrying those gunny bags, he was apprehended by PW-22 Shri Gurmail Singh, Sub Inspector of Railway Protection Force, on suspicion, because the gunny bags bore Railways mark. The said Sub Inspector thought that the property belonged to the Railways and it was being taken by the respondent, illegally. He asked the respondent his name. Respondent disclosed his name as Hardeep Goel (the real name). For verification, PW-22 Shri Gurmail Singh took the respondent to PW-6 Shri Sunder Lal, Senior Parcel Clerk, who told that the respondent had taken the delivery of gunny bags, by disclosing his name as Ramesh Kumar and producing Railway Receipt Ex. PW-6/A, which was in the name of Ramesh Kumar.