STATE OF H.P. Vs. CHHAPE RAM PREMI

JUDGEMENT

(1.) THIS appeal is instituted against the judgment dated 30.10.2010 rendered by the Special Judge (Forest), Shimla in Corruption Case No. 6 -S/7 of 2007, whereby the respondent -accused (hereinafter referred to as the "accused" for convenience sake), who was charged with and tried for offences punishable under section 420, 465 and 471 of Indian Penal Code and under section 13(2) of the Prevention of Corruption Act, 1988, has been acquitted.

(2.) CASE of the prosecution, in a nutshell, is that the accused while working as Divisional Manager, Forest Corporation, Dharamshala himself certified his date of birth as 24.3.1942. On this strength, accused retired on 31.3.2000 whereas his date of birth was 24.3.1941 and he was due to retire on 31.3.1999. Thus, in this way, he obtained pecuniary advantage of salary of one year unauthorized. This amounted to misconduct on his part attracting provisions of section 13(1)(d) of the Prevention of Corruption Act. He was asked to submit proof of date of birth and he submitted a duplicate certificate of matriculation examination issued by the Punjab University, in which he changed his date of birth from 1941 to 1942 and, as such, committed forgery with a view to cause unlawful and wrongful loss to the State of Himachal Pradesh. The State was made to pay him salary for one year and he used forged document as genuine for the purpose of cheating. FIR No. 2/2004 was registered on 5.6.2004 at Police Station, Anti -Corruption zone, Shimla. The service book and other documents were taken into possession besides the alleged duplicate matriculation certificate claimed to have been tampered with by the accused. The date of birth was also got verified from the Punjab University, Chandigarh. Police investigated the case and the challan was put up in the court after completing all the codal formalities.

(3.) MR . Parmod Thakur, learned Additional Advocate General has vehemently argued that the prosecution has proved its case against the accused.