STATE OF HIMACHAL PRADESH Vs. S.D.KATHURIA

JUDGEMENT

(1.) This appeal is directed against the decision of Special Judge, Shimla, in Sessions Trial No. 14-S/7 of 1984, dated 26-11-1985 The accused was tried for offences under Section 5(1)(d) of the Prevention of Corruption Act read with Sections 467, 468 and 420 of the Indian Penal Code.

(2.) Briefly, the prosecution alleges that the accused was serving as Superintending Engineer, H.P. PWD., 4th Circle, Shimla, at the relevant time-4th and 11th August, 1981. He was incharge of the construction work in Himachal Bhawan at Delhi. The other staff consisted of Mohinder Pratap, Section E. I & PH, resident Engineer, Assistant Engineer and number of other junior officials posted there.

(3.) The accused had been visiting Delhi in connection with the supervision of the undergoing work over there quite often. He also visited Himachal Bhawan in the first week of August, 1981. shri M. 1 Bansal (PW 1) had also gone to Delhi by Government Car No. HPS 3692 and returned to Shimla on 10th August, 1981. While returning from Delhi, he stayed at Parwanoo Government Rest House for the night since he reached there at about 8 p.m.