RAJINDER SINGH Vs. STATE OF H P

JUDGEMENT

(1.) This appeal is instituted against the judgment dated 21.5.2011, rendered by the learned Special Judge (Addl. Sessions Judge), Mandi, H.P., in Corruption Case No. 3/2005(1999), whereby the appellantaccused (hereinafter referred to as the accused), was charged with and tried for offences punishable under Sections 468, 471, 409, 120B IPC and Section 5(2) (old)/Section 13(2) (new) of the Prevention of Corruption Act.

(2.) The case of the prosecution, in a nut shell, is that accused Rajinder Singh was posted as Clerk-cum-cashier in the office of Project Director, Desert Development Project Kaza. Accused Dharam Chand was posted as SDC in the office of Assistant Engineer, Tindi. Deepak Shanan (PW-22) was posted as ADC Kaza. All the projects were under ADC under single line administration. Building of the Veterinary Dispensary was being constructed under Desert Development Project. Executive Engineer Kaza was executing the work. An amount of Rs. 1,00,000/- was provided to the Executive Engineer vide cheque No. A/147-0258098 dated 2.6.1987 and an amount of Rs. 1,00,000/- was provided vide cheque No. A/147- 0258311 dated 1.4.1987. Receipt Ext. PW-4/F was issued by the Executive Engineer and this amount was duly reflected in the cashbook.

(3.) The prosecution, in order to prove its case, has examined as many as twenty five witnesses. Accused Dharam Chand died during the pendency of trial. Accused Rajinder Singh was also examined under Section 313 Cr.P.C. The learned trial Court convicted and sentenced the accused, as noticed hereinabove. Hence, this appeal.