IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr. A. No. : 225 of 2005. Decided on: 30th May, 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. J.S. Guleria, Assistant Advocate General. For the respondents. : M/s. Satyen Vaidya and M.S. Kanwar, Advocates. ---------------------------------------------------------------------------------------- Rajiv Sharma, Judge(Oral) : State has filed this appeal against the judgment dated 04.03.2005, rendered by the learned Special Judge (Forests), Shimla in Corruption Case No. 33-S/7 of 2003/94, whereby respondents J.S. Parihar, Daulat Ram and Mohan Singh, who were charged with and tried for offences, under Sections 218, 420, 465, 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 and Sections 4, 5 & 6 of the H.P. Prevention of Corrupt Practices Act, 1983, have been acquitted. 1 Whether the reporters of the local papers may be allowed to see the judgment? No. - 2 - 2. Case of the prosecution, in a nut-shell, is that respondent J.S. Parihar, while working as Executive Engineer, Daulat Ram Kashyap as Junior Engineer and Mohan Singh, Head Draftsman, allotted the work for construction of Approach Road to Access Tunnel RD-210 to RD-375 meters Sub-head, cutting of road from RD-270 to RD-285 meters for `98350/-, which was 91.25% above than the estimated cost of `51423/-. PW-9 Rama Nand, 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- 2/E, on the basis of which, ruka Ex.PW-9/A was sent. Thereafter, the 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 were charged under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988, Sections 218, 420, 465, 468, 467, 471, 120-B of the Indian Penal Code and Sections 5 & 6 of the H.P. Prevention of Corrupt Practices Act, 1983. They pleaded not guilty. 4. The Prosecution, in order to prove its case, has examined as many as 14 witnesses. Respondents were also - 3 - 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-2/E and after taking into consideration the statements of material witnesses, i.e., PW-2 K.R. Verma and PW-9 Rama Nand, acquitted the respondents. Hence, this appeal. 6. Mr. J.S. Guleria, learned Assistant 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 and Mr. M.S. Kanwar, learned counsel for the respondents have supported the judgment dated 04.03.2005, 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 members of the technical committee on 24.09.1990 in the presence of JE/AEE/Executive Engineer concerned. The material witnesses relied upon by the prosecution are PW-2 K.R. Verma and PW-9 Rama Nand. 10. PW-2 K.R. Verma was one of the members of the technical committee has deposed that they have not taken into consideration the jumper work, spade work, pick work and blasting work and there is difference in rate of cutting of soil, soft rock and hard rock. - 4 - 11. PW-11 Harbans Lal, who was also associated in the investigation by the police, has prepared the site plan Ex. PW- 1/A. The site plan was prepared at the instance and directions of Shri V.L. Gupta, S.D.O.. He has admitted that the back height of RD-270 to RD-285 was not shown in the original site plan. 12. The work was to be executed between 22.02.1990 to 15.03.1990, however, the technical committee has visited the spot on 24.09.1990. PW-9 Rama Nand has admitted that many works in Jhakri area were damaged due to heavy rains in March-April, 1990. He has also handed over the record pertaining to damages to various works by rain to the Investigating Agency. In view of this, the possibility of slips and land slides cannot be ruled out. Prosecution witnesses have admitted that in case of land slides, there is likelihood of increase or decrease of the back height cutting. There is no material placed on record by the prosecution about the condition of streta available on the spot. 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 May 30, 2011. (bhupender) - 5 - - 6 -