PRITHVI RAJ Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) ASSAILING the judgment dated 26.6.2012/28.6.2012, passed by the learned Special Judge, Una, H.P., in Corruption Case No. 4 of 2010, titled as State of Himachal Pradesh vs. Prithvi Raj, whereby the appellant -accused stands convicted for having committed offences punishable under the provisions of Sections 7 and 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the Act) and sentenced to undergo rigorous imprisonment for a period of one year and pay fine of Rs. 2000/ - for offence punishable under Section 7 of the Act and rigorous imprisonment for a period of one year and fine of Rs. 3000/ - for offence punishable under Section 13(2) of the Act, the accused has filed the present appeal under the provisions of Section 27 of the Act read with Section 374 of the Code of Criminal Procedure, 1973.

(2.) PURSUANT to the registration of F.I.R. No. 3 of 2009, dated 30.7.2009 (Ext. PW -10/A), registered at Police Station, SV&ACB, Una, accused was charged to face trial for having committed offences punishable under the provisions of Sections 7 and 13(2) of the Act.

(3.) IN order to establish its case, prosecution examined as many as ten witnesses and the statement of accused under Section 313 of the Code of Criminal Procedure was also recorded, in which he took plea of innocence and false implication. Noticeably accused admits to have received Rs. 500/ - from the complainant, but claims it to be donation for construction of a cremation ground. The accused specifically denied having raised any demand or received the said amount, for clearing the papers of the complainant. In defence, he examined four witnesses.