SANTOSH RAJ Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 30 -4 -1997 passed by the learned Special Judge, Anti -Corruption, Jammu.

(2.) BY means of the impugned judgment and order dated 30.4.1997 passed in file No. 16/Anticorruption, titled State through VOJ v. Santosh Raj, the trial Court, after holding the accused -appellant guilty of offences under section 5(2) of the Jammu & Kashmir Prevention of Corruption Act, 2006 and under section 409 RPC in three different charges relating to three different periods. For the charge relating to the year 4/84 to 3/85 he was sentenced to undergo five years rigorous imprisonment and a fine of Rs. 50,000/ - and in default of payment of fine to suffer further imprisonment of the like nature for a period of six months for the offences under section 5(2) of the Jammu & Kashmir Prevention of Corruption Act, 2006, and for offence u/s 409 RPC to undergo rigorous imprisonment for a period of five years and a fine of Rs. 5000/ -, and in default of payment of fine to further suffer imprisonment of the like nature of six months. For the charge relating to the period 4/85 to 3/86, for the commission of offence under section 5(2) of the Jammu & Kashmir P.C.Act, the accused has been sentenced to undergo rigorous imprisonment of five years and a fine of Rs. 2.00 lacs and in default of payment of fine to undergo further imprisonment of the like nature for a period of six months and for offence under section 409 RPC, to undergo rigorous imprisonment for a period of five years and a fine of Rs. 5000/ - and in default of payment of fine, to undergo further imprisonment of like nature for a period of six months. For the charge relating to the period 4/86 and 5/86 for commission of the offence under section 5(2) of the P.C.A, the accused has been sentenced to undergo rigorous imprisonment of five years and a fine of Rs. 30,000/ - and in default of payment fine, to undergo further imprisonment of like nature for a period of six months, and for the offence under section 409 RPC, to undergo rigorous imprisonment for a period of five years and a fine of Rs. 5000/ - and in default of fine to undergo further imprisonment of like nature for a period of six months. All the sentences have been ordered to run currently.

(3.) FACTS of the case that culminated in the prosecution of the person who was arrayed as accused -appellant before the trial Court, depicted in narration, are that Santosh Raj, accused -appellant was the Store Keeper in Food and Supplies departmental Store, Kathua from April, 1984 to May, 1986. PW N.L.Bakshi, the then Director, Food and Supplies Department had ordered the audit of the Food and Supplies departmental Store, Kathua in June, 1986. Pursuant to his order, an audit party comprising of PWs Sudagar Mal, Chaman Lal, Harbans Lal and Ravinder Singh was constituted, under the supervision of PW M.L.Baghati, Chief Accounts Officer, vide order dated 16.6.1986. The audit party conducted the audit of the accounts of Store of the accused -appellant for the period he remained posted as Store Keeper in the departmental Store, Kathua. The report EXPW -CL submitted by the audit party detected shortages of various items of food grains i.e. Sugar, Atta, Wheat and Rice etc. of an amount of Rs. 3,28,429.23 np. Based on the report of audit party, N.L Bakshi, Director Food & Supplies, lodged a report with the Vigilance Organization as EXPW -CL and in consequence thereof, First Information Report was registered and the investigation proceeded. Another audit was conducted by the Vigilance Organization of the departmental Store, Kathua where the accused -appellant was posted as Store Keeper. PW Chaman Lal, Assistant Accounts Officer, Food and Supplies, Department also associated with the Vigilance Organization for verification of the departmental Store, Kathua. The second audit report EXPW -CL/7, detected some variations in the shortages of the accused - appellant as detected in the earlier audit conducted under the order of PW N.L. Bakshi, the then Director, Food and Supplies. The second audit party reduced the shortages of various articles of the food articles but still there were the shortages of articles of an amount of Rs. 2,60,050.77 np.