ASHOK SHARMA Vs. STATE

JUDGEMENT

(1.) PRESENT appeal is directed against the judgment dated 30. 9. 1997, passed by the learned Special judge, Anticorruption, Jammu, whereby the appellant has been convicted and sentenced under Section 5 (l)s (c) read with Section 5 (2)of the P. C. Act, to undergo Rigorous imprisonment of 5 years and pay a fine of rs. 2,00,000 (Rupee 2 lacs only ). In default of payment of fine aforementioned, the appellant has been directed to undergo further ri for a period of one year. The appellant has also been convicted and sentenced under Section 409 RPC by the Special Judge anti-corruption, Jammu, to undergo RI for a period of 7 years and also to pay fine of Rs 10,000 (Rupees ten thousand only ). In default of payment of fine, the appellant has to undergo RI for a period of one year. Both the sentences have to run concurrently.

(2.) BRIEFLY stated facts of the case are as under: the appellant remained posted as salesman at Sales Depot Batote of food and Supplies Department in the year December 1983 to January 1985. He was subjected to departmental enquiry for having misappropriated store articles for an amount of Rs. 1,93,832. 45 paisa for short remittance made by him of the rood grains and empty bags as per the detail given below: <FRM>JUDGEMENT_384_CRIMES4_2008Html1.htm</FRM>

(3.) WHEN the departmental enquiry was being conducted, the appellant did not give any explanation and instead he was reported to have been absconding. During enquiry, it was also found that the appellant embezzled an amount or Rs 34,000 on account of ration cards when he had been posted in the office of Assistant Director food and Supplies Jammu. The appellant was thus found to have embezzled a total amount of Rs. 2,27,832. 45 for which he had not given any satisfactory reply. Director, food and Supplies, Jammu, vide letter No. 5242-45/accounts dated 4. 2. 1987 requested the Commissioner Vigilance for registration of the case against the appellant. On receipt of the aforementioned letter by the said authority, fir was registered against the appellant. On receipt of the aforementioned letter by the said authority, FIR was registered against the appellant. In the meanwhile, investigation was entrusted to PW avtar Singh Inspector, Vigilance Organization, Jammu. After completion of the investigation, challan was presented against the appellant in the court of Special Judge Anticorruption Jammu. The appellant was charge sheeted under Section 5 (2) of the jandk Prevention of Corruption Act and Section 409 RPC but he pleaded not guilty and claimed trial.