RAM RATTAN Vs. STATE OF H.P.

JUDGEMENT

(1.) This appeal is instituted against the judgment dated 22.2.2013 rendered by the Special Judge, Solan in Corruption Case No. 1-S/7 of 2012, whereby the appellant-accused (hereinafter referred to as the "accused" for convenience sake), who was charged with and tried for offence punishable under section 7 and 13 (2) of the Prevention of Corruption Act (hereinafter referred to as 'Act'), has been convicted and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.10,000/- and in default of payment of fine, to undergo further imprisonment for two months under Section 7 of the Act and he was also convicted and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.20,000/- and in default of payment of fine to undergo imprisonment for six months under Section 13 (2) of the Act.

(2.) Case of the prosecution, in a nutshell, is that son of PW-1 Surender Singh was injured by one Mohan Singh by firing a gunshot in his leg. Mohan Singh used to threaten the complainant and his family members. In order to safeguard himself and his family members, complainant wanted to have a revolver and for this purpose, he was required to know handling of the fire arm. The complainant came to know that Commander Home Guard will give certificate to this effect. Thus on 9.5.2011, he visited the office of the Accused at Nalagarh alongwith application Ext. PG. The complainant was told by the accused that he would issue certificate to him subject to some 'Sewa Paani'. Complainant assured the accused to do his work and that he would see this aspect. On 11.5.2011, complainant contacted the accused on telephone. The accused told him that his work has been done. He demanded Rs.1,000/-. Complainant told accused that he would come to his office on 13.5.2011.

(3.) Prosecution examined as many as 16 witnesses in all to prove its case against the accused. Statement of accused under Section 313 Cr.P.C. was recorded. He has admitted that complainant visited his office on 9.5.2011, as he was posted as Company Commander in Home Guards, Nalagarh. Complainant visited with application Ext. PG for the purpose of obtaining a certificate. He told him that he can not give any such certificate. Therefore, he did not entertain the application. He has denied that he has demanded and accepted Rs.1000/- from the complainant. Learned trial Court convicted and sentenced the accused, as noticed hereinabove.