IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr. A. No. : 406 of 2005. Decided on: 26th July, 2011. _________________________________________________________ State of Himachal Pradesh. …Appellant. -Versus- J.S. Parihar and others. …Respondents. Coram: The Hon’ble Mr. Justice Surjit Singh, Judge. The Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 No. __________________________________________________________ For the appellant. : Mr. P.M. Negi, Deputy Advocate General with Mr. Ramesh Thakur, Assistant Advocate General. For the respondents. : M/s. Satyen Vaidya, Ajay Kochhar and M.S. Kanwar, Advocates. ---------------------------------------------------------------------------------------- Rajiv Sharma, Judge(Oral) : State has filed this appeal against the judgment dated 06.05.2005, rendered by the learned Special Judge (Forests), Shimla in Corruption Case No. 55-S/7 of 2003/96, whereby respondents J.S. Parihar, Daulat Ram and Mohan Singh, who were charged with and tried for offences, under Sections 218, 420, 467, 468, 471 and 120-B of the Indian Penal Code, Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988, have been acquitted. 2. Case of the prosecution, in a nut-shell, is that respondents J.S. Parihar, while working as Executive Engineer, 1 Whether the reporters of the local papers may be allowed to see the judgment? No. - 2 - Daulat Ram as Junior Engineer and Mohan Singh as Head Draftsman, allotted the work, namely, construction of approach road to access tunnel RD-210 to RD-375 mtrs., sub-head cutting of earth work RD-210 to RD-255 mtrs. at Jhakri for `98,600/-. PW-12 Rama Nand, Dy. S.P. while investigating F.I.R. No. 25/90, noticed certain irregularities in the work of Jhakri Division. He has requested the superior officers for constituting a technical committee to look into the matter. Consequently, the H.P. State Electricity Board constituted a technical committee to detect the irregularities committed during the execution of work in Jhakri Division. The committee submitted its report Ex. PW- 1/E, on the basis of which, ruka was sent. Thereafter, F.I.R. was registered. The matter was investigated by the police thoroughly. The challan was put up after completing all the codal formalities. 3. Respondents J.S. Parihar, Daulat Ram and Mohan Singh were charged under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 and Sections 420, 218, 468, 467, 471 and 120-B of the Indian Penal Code. They pleaded not guilty. 4. The Prosecution, in order to prove its case, has examined as many as 13 witnesses. Respondents were also examined under Section 313 of the Code of Criminal Procedure. Their stand was that of denial simplicitor. 5. Learned trial Court, after appreciating Ex. PW-1/E and after taking into consideration the statements of material - 3 - witnesses PW-1 Shri K.R. Verma and PW-13 Shri Dev Dutt Sharma, acquitted the respondents. Hence, this appeal. 6. Mr. P.M. Negi, learned Deputy Advocate General has strenuously argued that the prosecution has proved its case. According to him, learned Special Judge (Forest) has not correctly appreciated the oral as well as documentary evidence. 7. Mr. Satyen Vaidya, Mr. Ajay Kochhar and Mr. M.S. Kanwar, learned counsel for the respondents have supported the judgment dated 06.05.2005, passed by the learned Special Judge (Forests), Shimla. 8. We have heard the learned counsel for the respondents and gone through the record meticulously. 9. The site was inspected by the technical committee in the presence of JE/AEE/Executive Engineer concerned. The report of the technical committee is Ex. PW-1/E. 10. PW-1 Shri K.R. Verma, who was one of the members of the technical committee has proved the report Ex. PW-1/E. He has further stated that he is not technically qualified. He also stated that the RDs. were not independently fixed by them. He was not aware about the measurements of the retaining wall which were entered in M.B. No. 27/89. He did not know by whom the cutting work of approach road was executed between RD-195 to RD-210. He has also admitted that it is possible to get two heights depending on the profile and the same can be ascertained by way of previous cross-sections and contours. He has also admitted that in the event of land-slides and slips, the vertical height of cutting or road may increase or - 4 - decrease. The committee has also noticed the land slides and slips which had occurred due to heavy rains in the months of March/April, 1990. He has also admitted that certain works of the project area were damaged in the months of March/April, 1990 due to heavy rains. 11. PW-13 Shri Dev Dutt Sharma has investigated the case. In cross-examination, he has stated that RDs. were not got independently established. He could not narrate up to what distance the approach road was to be constructed and what was the classification of the soil. He has admitted that the portion where cutting was done, was rocky and behind it, there was loose soil. It has also come to his notice that the area was lashed by heavy rains in the months of March/April, 1990. 12. It is, thus, evident from the statement of PW-1 Shri K.R. Verma, one of the members of the technical committee that in the event of land-slides and slips, the vertical height of cutting of road may increase or decrease. All the witnesses produced by the prosecution have admitted that there was excessive rains in the months of March/April, 1990 and heavy damage has been caused to the project. The prosecution has failed to prove whether the technical committee or the I.O. has taken into consideration the countour plan and earlier condition of the site. It was essential for the prosecution to prove that the work has not been undertaken as per the measurement book. The blasting work of the road has also not been taken into consideration by the members of the technical committee. - 5 - 13. In view of the abovestated position, we see no reason to interfere with the judgment of acquittal passed by the trial Court. Hence, the appeal is dismissed. (Surjit Singh), Judge (Rajiv Sharma), Judge July 26, 2011. (bhupender) - 6 -