VASU DEV SHARMA Vs. STATE OF H.P.

JUDGEMENT

(1.) This appeal has been preferred by the accused -appellant (hereafter referred as the accused) against the judgment dated 1.8.1998 passed by the learned Special Judge, Solan, whereby the accused has been convicted under Sections 409 of the Indian Penal Code (hereafter referred as IPC) and Section 13(1) (C) read with Section 13(2) of the Prevention of Corruption Act, 1988 (hereafter referred to as the Act) and has been sentenced to undergo rigorous imprisonment for two years and fine Rs. 1,000/ - and in default of payment of the fine to undergo imprisonment for four months under Section 409, IPC and rigorous imprisonment of two years and to pay fine of Rs. 1,000/ - and in default to suffer imprisonment for four months under Section 13(2) of the Act.

(2.) Case of the prosecution in brief is that the accused was. posted as Assistant Development officer, H.P. Khadi and Gramudhyog Board, Solan Branch. He was entrusted with the duty of disbursement of loans to beneficiaries to whom it was sanctioned by the Board and to recover loan installments from the beneficiaries and remit the same to the Headquarters. On 20.1.1983 accused received a sum of Rs. 3,655.75p from Devinder Kumar (PW -11) on account of the loan and issued receipt in lieu thereof and made the entries in the Cash Book. On 30.8.1983 he received a sum of Rs. 1,188/ - from Dal Singh on 27.5.1983. He further received bank draft in the sum of Rs. 3,000/ - as loan installment from Harbhajan Singh (PW -1). The amounts so received by the accused were not remitted by him to the Headquarters of the Board. On completion of the investigation, a chargesheet under Section 409, 420, IPC and Section 5(2) of the Act was submitted against the accused by Inspector (Vigilance), Anti Corruption Zone, Solan. The learned Special Judge framed a charge of criminal breach of trust in respect of embezzlement of Rs. 6,500/ - Rs. 1,188/=, Rs. 3,655.75p and Rs.3,000/= received from Dal Singh, Prem Dass, Devinder Kumar and Harbhajan Singh, respectively, under Section 409, IPC and also for criminal misconduct in respect of the said amounts and misappropriation thereof, under Section 13(1) (c) read with Section 13(2) of the Act.

(3.) To prove the charge against the accused, prosecution examined 16 witnesses. The accused was examined under Section 313, Cr.PC, wherein he admitted his posting as Assistant Development Officer at Solan during the period 1980 -83 and also admitted that it was his duty to receive amounts from the loanees and to transmit the same to the Headquarters of the Board. He has further admitted that Cash Book Ext.P -1 was maintained by him and the certificate/entries therein are in his handwriting. However, the allegations about the misappropriation, embezzlement of the amount, as alleged by the prosecution, have been denied and it has been claimed that the prosecution witnesses are interested and he is innocent. He has pleaded ignorance about the taking of loan by Harbhajan Singh, Dal Singh, Prem Dass and Debinder Kumar and denied the receipts of the amounts/installments of loan from the aforesaid persons. The accused, however, did not lead any defence evidence.