HODAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY the judgment impugned dated 25. 11. 2003, learned Sessions Judge/special Judge, (Prevention of Corruption Act Cases), Jodhpur, for the offences punishable under Sections 7 and 13 (1) (d) (ii) of the Prevention of Corruption Act, 1988 (hereinafter referred to as "the Act of 1988"), convicted appellant Kashi Ram and sentenced him as follows:- Offence u/sec. Sentenced to Undergo Fine In default to pay fine 7 P. C. Act 5 yrs. R. I. 25,000/- 6 months S. I. 13 (1) (d) (ii) P. C. Act 5 yrs. R. I. 25,000/- 6 months S. I.

(2.) BY the same judgment appellant Hodal Singh too was convicted for the offence punishable under Section 12 of the Act of 1988 and was sentenced to undergo five years rigorous imprisonment with fine of Rs. 25,000/- and in default to further undergo six months simple imprisonment, hence these appeals under Section 374 Cr. P. C. are preferred.

(3.) IN defence Shri Jaswant Mal (DW-1), Assistant Engineer, Public Works Department, Pali was produced by Shri Kashi Ram and Shri Jugal Kishore (DW-2) was produced by accused appellant Hodal Singh. The prosecution also produced 17 documents in evidence and those were exhibited as follows:- Ex. P/1 : Checking memo 17. 2. 2000 at 2. 40 pm Ex. P/2 : Letter of Superintending Engineer to Executive Engineer, Public Works Department, NH - 14. 2. 2000 Ex. P/3 : Prosecution sanction Ex. P/4 : Appointment & posting order Ex. P/5 : Cheque - Bank of Maharashtra Ex. P/6 : Bank account Hodal Singh Ex. P/7 : 161 Statement Giri Raj Prasad Meena Ex. P/8 : Letter Bank of Anti Corruption Bureau Jodhpur Ex. P/9 : Formal FIr Ex. P/10 : Formal FIr Ex. P/11 : Letter Anti Corruption Bureau to Bank Ex. P/12 to Ex. P/15 : Appointment Ex. P/16 : Malkhana Register Ex. P/17 : Posting Order Superintending Engineer IN defence following documents were exhibited:- Ex. D/1 : 161 Statement Tara Chandawat Ex. D/2 : 161 Statement Ramesh Rathore Ex. D/3 : Test Report BMM Steal Bars Lilan Bridge (DW-1) Ex. D/4 : Test Report - by Assistant Engineer, PW-10 Narendra Verma Ex. D/5 : Extra Item Perterma Ex. D/6 : Order Chief Engineer 31. 3. 99 Ex. D/7 : 161 Statement Narendra Verma Ex. D/8 : 161 Statement Ratan Lal - Steno Ex. D/8 : Graduation report 15. 2. 2000 DW-1 Jaswant Mal Ex. D/9 to Ex. D/35 : The receipts relating to loading of goods Ex. D/36 : Departmental Enquiry Report 29. 2. 2000