STATE OF HIMACHAL PRADESH Vs. R.S.RAWAT

JUDGEMENT

(1.) STATE has appealed against the judgment dated 23.4.2007 of learned Special Judge, Mandi, whereby Respondent R.S. Rawat, who was tried for offences, under Sections 409, 467, 468, 120 -B IPC and Section 5(2) of Prevention of Corruption Act, 1947 read with Section 13(2) of Prevention of Corruption Act, 1988, has been acquitted, on the ground that there was no sanction for his prosecution, under Section 197 of Code of Criminal Procedure.

(2.) PROSECUTION 'scase as per evidence adduced during trial is that in the year 1987 Respondent R.S. Rawat was working as Head -clerk -cum -Cashier in the office of Project Director, Desert Development Project, Kaza. The Project Director, namely PW 22 Deepak Sanan, sanctioned Rs. 2,00,000/ - for construction of Veterinary Hospital at Kaza. The work was to be executed through Public Works Department, and therefore, money was required to be remitted to Executive Engineer (PWD), Kaza. That money was remitted by Respondent R.S. Rawat by means of two cheques i.e. Ex. P -2 and Ex. P -3.

(3.) PROSECUTION examined a number of witnesses. The witnesses so examined included PW 18 Sudershan Bir, whose statement was recorded on 1.1.2004. Several entries including a few entries in the ledger book and also some vouchers supporting the entries in the ledger book were also proved. Respondent denied that he had embezzled the amount of Rs. 1,00,000/ - or the receipt Ex. PW 4/D, which was alleged to be bogus, was not genuine.