RAJA RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) The appellant has challenged his conviction under Section 409, I.P.C. and 13(2) of the Prevention of Corruption Act, 1988 passed by the learned Special Judge in Corruption Case No. 4 -S/7 of 1997 decided on 17.4.2001, whereby he has been sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 500/ - for the offence punishable under Section 409, I.P.C. and under Section 13(2) of the Prevention of Corruption Act also rigorous imprisonment for a period of one year and to pay a fine of Rs. 1000/ -.

(2.) IN short, the prosecution case may be stated thus. The appellant was working as a Superintendent Grade -III in WS&SD Branch of Municipal Corporation, Shimla w.e.f. 6.4.1988 to 23.3.1989. While holding the said office, he used to receive the cash and cheque amount after being endorsed by the Municipal Engineer. He is alleged to have embezzled an amount of Rs. 32,837/ - received under the various cheques on different occasions and mis -appropriated the same. Out of the aforesaid amount, Rs. 4204/ - was recovered from him vide challan dated 1.6.1989 and Rs. 5000/ - vide challan dated 3.3.1989, the balance amount of Rs. 23633/ - was allegedly embezzled by him and the fact finding inquiry Exhibit P33 was conducted by PW4 Shri B.R. Verma, the then Assistant Secretary (Tax). PW1 Shri B.K. Sharma, Assistant Commissioner, Municipal Corporation, Shimla made a complaint Exhibit PW1/A to Superintendent of Police, Vigilance, South Zone, Shimla, on the basis of which a case under aforesaid sections was registered on 16.7.1990.

(3.) DURING the investigation, it came to light that Rs. 9204/ - out of total embezzled amount and Rs. 32837/ - were recovered from the appellant.