MANOHARSINGH Vs. STATE OF H P

JUDGEMENT

(1.) The appellant has laid challenged to his conviction passed by the learned trial Court in Corruption case No. 15-S/7 of 2006 decided on 23.09.2010 for the offence punishable under Section 409 Indian Penal Code and Section 13 (2) of the Prevention of Corruption Act, 1988, whereby he was sentenced to undergo simple imprisonment for a period of 5 years and to pay a fine of Rs. 30,000/- for the offence under Section 409 Indian Peal Code and 3 years and fine of Rs. 20,000/- under Section 13 (2) of the Prevention of Corruption Act with the default clauses.

(2.) Heard and gone through the evidence on record.

(3.) Precisely, the case of the prosecution can be stated thus. On 14.6.1999 the appellant Manohar Singh hereinafter referred to as the accused sent a complaint Ext. PW14/A to the Additional Director General of Police (Enforcement), Shimla alleging therein that he being the supervisor of the Store of the Shimla Development/SDA/ HP Nagar Vikas Pradhikaran, Shimla, during March, 1995 to March, 1996 was acting as per directions of the XEN., SDO and JE of the authority/ Pradhikaran. He further alleged that the Shimla Development authority used to purchase cement through Civil Supply Corporation from ACC Barmana. The payment whereof was made in advance. The cement so received was to be kept in the store against an entry in the GR book. As and when cement was required, it was to be issued to the concerned person but during the year 1995-96, 15 trucks containing 2700 cement bags were purchased and loaded from Barmana valuing at Rs. 3,25,998/- but this was not received in the store. He gave the details of the trucks in his complaint along with GR numbers and alleged that the driver and conductor of the said trucks produced the GRs to him for its entry in the relevant register without the receipt of cement bags. Since he was reluctant to enter it, thus they threatened him with dire consequences and told that they were directed by Shri V.K. Kashyap X-EN, Mangal Sen SDO, Anand Kapoor and D.K. Aggarwal JEs to make its entry done by the accused, failing they would make the complaint to them whereas the cement bags were unloaded by them somewhere else. Since he was a daily-wage worker, therefore, he succumbed to their threats and made the entries in the relevant register. Later he faced the allegations of embezzlement qua the cement bags but when he told the higher authorities that he had done in accordance with their directions, then a meeting was held by the witnesses aforesaid and Rs. 50,000/- was deposited by Mangal Sen, two lacs by Shri V.K. kashyap, D.K. Aggarwal, Balbinder Gupta and balance of Rs. 75,998/- by Mangal Sen and Anand Kapoor through him under the pressure of Shri S.K. Aggrawal the then Chief Executive Officer. Thus he was made a scapegoat in the aforesaid episode. It was also alleged that the sub-standard material was used for the construction purpose. On this complaint FIR 13/99 was registered on 14.6.1999.