VINOD BHARGAVA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Since both the appeals arising out of a common impugned judgment dated 17.6.2000 passed by the Special Judge (Prevention of Corruption) Act, Jaipur therefore, the same were heard together and are being decided by a common judgment.

(2.) In both the appeals the same impugned judgment dated 17.6.2000 is under challenge whereby accused-appellants-Dr. Vinod Bhargava and Ram Kumar Swami have convicted under Sec. 13 (1) (d) (2) of the Prevention of Corruption Act, 1988 and sentenced to undergo rigorous imprisonment for one year and a fine of Rs.5,000.00 each, in default of payment of fine to further undergo simple imprisonment for three months.

(3.) The brief facts giving rise to the case are that the Rajasthan Scheduled Caste Development Cooperative Corporation Ltd. prepared a project to serve the twin objectives, one for developing social forestry and second for upliftment of scheduled caste families. The scheduled caste families having their own agricultural land were motivated to develop nurseries. The required polythene bags and seed were to be supplied by the forest department to the nursery growers free of cost. As per scheme 30 paisa per sampling was to be paid by the forest department as its cost and further incentive of Rs.1000.00 per 10,000 saplings was to be given by R.S.C.D.C.C. through District Rural Development Agency (D.R.D.A.). The Anti-Corruption Bureau, Jaipur after investigation had filed challan on 22.7.94 through Special Public Prosecutor under Sec. 120-B read with Sec. 420 Penal Code and Sec. 13 (2) read with Sec. 13(1)(d) of the Prevention of Corruption Act, 1988 against the accused-appellant Dr. Vinod Bhargava, and co-accused Kanhaiya Lal, and Mishri Lal.