STATE OF H.P Vs. HHC KASHMIR SINGH

JUDGEMENT

(1.) PRESENT appeal filed against the judgment passed by learned Special Judge Mandi HP in Corruption Case No. 1 of 2004 titled State Vs. HHC Kashmir Singh and another decided on 13.6.2011.

(2.) BRIEF facts of the case as alleged by prosecution are that on dated 4.9.2003 at about 8 PM accused persons posted as constables at Police Post City Mandi accepted Rs. 2000/ - (Two thousand) as gratification from Raj Kumar other than legal remuneration and directly accepted Rs. 500/ - (Five hundred) from complainant Raj Kumar as gratification other than legal remuneration by way of corrupt and illegal means for not impounding the bike of complainant Raj Kumar in case FIR No. 362 of 2003 dated 20.8.2003 registered under Sections 341, 323, 504 and 506 IPC. It is further alleged by prosecution that on the aforesaid date and time co -accused Kashmir Singh handed over illegal gratification other than legal remuneration to another co -accused Sunder Lal for concealing the same. It is further alleged by prosecution that both accused persons caused disappearance of evidence of the commission of said offence with intention of screening themselves from legal punishment. Charge was framed by learned trial Court against accused persons on dated 28.9.2007 under Sections 7, 13(2) of Prevention of Corruption Act and under Sections 120B and 201 of Indian Penal Code. Accused did not plead guilty and claimed trial.

(3.) PROSECUTION also produced following piece of documentary evidence in support of its case: -