GARDARA SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) THE appellant has assailed his conviction passed by the learned Special Judge (Forest), under Section 12 of the Prevention of Corruption Act, 1988, in short as "The Act" for abetting the offence punishable under Section 7 of the Act: whereby the appellant was sentenced to undergo rigorous imprisonment for a period of 6 months and to pay a fine of Rs. 500/ -.

(2.) IN brief, the facts giving rise to the instant appeal are that one Smt. Sudesh Kumari had filed a civil suit against the present appellant, titled Sudesh Kumari v. Gardara Singh, which was pending for disposal in the Court of Shri D.K. Sharma, the then Sub Judge 1st Class, Court No. 3, Shimla. On 25.8.1994, during the course of the day just before the lunch, when Shri D.K. Sharma, retired to his chamber, around 12.45 p.m., Shri Chander Singh, Assistant Public Prosecutor also came to his chamber, in connection with some official work, Shri D.K. Sharma (PW 9) found an envelope lying on his table, which was addressed to him allegedly by one Bhagat Ram Sharma, Headmaster, Government High School, Boileauganj with red endorsement "Top Secret". Shri Sharma opened the envelope in the presence of Chander Singh (PW 7) and found a copy of the interim injunction order passed in case titled Sudesh Kumar v. Gardara Singh, enclosed with a currency note of the denomination of Rs. 500/ -. Shri D.K. Sharma enquired about the envelope from his staff. Shri Vir Singh (PW 1), Peon of his Court informed him that one Sikh gentleman with spectacles had handed over the same to him for its delivery to Sh. D.K. Sharma. He also told him that he had been seeing the Sikh gentleman in the vicinity of Boileauganj.

(3.) ON the completion of the challan, it was presented in the Court for trial of the appellant, under the aforesaid Sections.