KAMAL GURUNG Vs. STATE OF SIKKIM

JUDGEMENT

(1.) THIS appeal seeks to assail judgment dated 24.03.2014 of the Special Judge, Prevention of Corruption Act, 1988, (in short "P.C. Act") East Sikkim at Gangtok in Sessions Trial (Vig) Case No. 1 of 2011, by which the Appellant/Accused was convicted under Section 420 read with Section 120B IPC and Section 13(1)(d)(ii) punishable under Section 13(2) of the P.C. Act, 1988, and sentenced to undergo simple imprisonment for one year and to pay a fine of Rs. 5000/ -(Rupees five thousand) only for the offence under Section 13(1)(d)(ii) of the Act and, in default of payment of fine, to undergo further simple imprisonment of five months. For the offence under Section 420 of the Indian Penal Code, 1860 (for short "IPC") the Appellant/Accused along with two other accused persons, namely, Accused No. 2 B.K. Rai and Accused No. 3 S.K. Pradhan, were sentenced to undergo simple imprisonment of 4 (four) months and to pay a fine of Rs. 1,000/ - (Rupees one thousand) each and, in default of payment of fine to undergo further simple imprisonment of one month and, for the offence under Section 120B of the IPC, the Accused/Appellant and each of the other two Accused persons, B.K. Rai and S.K. Pradhan, were sentenced to simple imprisonment of 4 (four) months. The sentences were directed to run concurrently.

(2.) THE gravamen of the prosecution case is that a preliminary inquiry into a source information that a Maruti Alto (LXI) vehicle, bearing Registration No. SK -02/A -0524, belonging, to the Sikkim Milk Union (in short "SMU"), Tadong, East Sikkim, which had run only for two years was disposed of for a sum of Rs. 1,01,000/ - (Rupees one lakh and one thousand) only by the Appellant who was the Managing Director of SMU, resulted in a Regular Case bearing No. RC -4/2007 dated 01.05.2007 being registered by the Sikkim Vigilance Police suo moto against the Appellant/Accused under Section 13(2) read with 13(1)(d)(ii) of the P.C. Act, and investigation taken up.

(3.) INVESTIGATION further revealed that the SMU is a registered Cooperative Society under the Sikkim Cooperative Societies Act, 1978, being provided with financial aid by the Government of Sikkim. The Accused/Appellant, a Member of the State Veterinary Services, was posted on deputation to the SMU by the State Government as its Managing Director in February, 2004. The questioned vehicle SK -02/A -0524 purchased in November, 2004, for official work of the Managing Director, had undergone only minor repairs.