ARUN KUMAR GOEL, JUDGE (ORAL)

1. This appeal at the instance of State is directed against the judgment passed by Special Judge, Anti Corruption (1st Additional District and Sessions Judge), Jammu dated 30-1-88. By means of impugned judgment, respondent has been acquitted of the charges under section 5 (2) to the Jammu and Kashmir Prevention of Corruption Act, 2006 (1949 AD) here in after referred to as the Act.

2. Prosecution case in brief against the respondent was that a complaint vide EXPW-SS was lodged by Shiv Dev Singh PW, hereinafter, referred to as the complainant with the Vigilance Organisation, Jammu against the respondent and other officials of the Labour Department According to the complainant, he had initiated suit for ejectment against one Gopal Sharma his tenant from a shop where the latter was running Embroidery shop. Further case of the complainant was that he had summoned official from the Labour Department as witnesses in support of his ejectment case. Before summoning such witnesses complainant claims to have seen the record of the Labour Department, wherein Gopal Sharma was shown as Sole Proprietor. But w.e.f. 01-11-1979, change was made showing said Gopal Sharma alongwith Chella Ram to be the partners of Gopal Embroidery Works. Thus, According to complainant, the record was tampered and entry was made by Ram Saroop Sharma, Shop Inspector-Respondent on 01-11-79, showing Gopal Sharma and Chella Ram to be the partners without there being any copy of partnership deed having been submitted by the tenant, Gopal Sharma because this entry was made with a view to harm the complainant in connivance with the Shop Inspector and other official viz. K.K. Sharma, because of such conspiracy of this Shop Inspector with ulterior motive to help the tenant for illegal gratification, the record was tampered. The Shop Inspector was liable to be punished. This led to registration of case and FIR Exhibit PWDC-I came to be registered. After completion of investigation, respondent was challaned in the court below.

3. On examination of the matter produced before the court below, it was satisfied that there are prima-facie grounds to proceed against the respondent under section 5(2) of the Prevention of Corruption Act and section 465 of the RPC, therefore, respondent was charge sheeted on 22-8-95 to which he pleaded not guilty and claimed trial. After the conclusion of the trial, respondent has been acquitted, hence this appeal.

4. Mr. Singh, learned Government Advocate submitted that in the face of statement of complainant as well as that of PW Inder Dev Sharma, Labour Commissioner and PW V.P. Sanmotra, Assistant Labour Commissioner, prosecution has been able to establish that it was the respondent alone and none else who had fabricated the record in question. While further advancing his argument, Mr. Singh pointed out that when the record was seen by the complainant, the names of Gopal Sharma and Chella Ram partners have been incorporated. Besides this, Mr. Singh also pointed out that non-registration of the firm wherein the said two persons were partners, with the Sales Tax Department and Registrar of Firms under the Jammu and Kashmir Partnership Act, supports the case of the prosecution that record has been tampered with by the respondent which by itself is a substantive offence in addition to the misconduct on the part of the respondent. On this basis, learned Government Advocate urge the court to allow this appeal and reversing the judgment of the court below there by holding the respondent guilty of the offences and consequently, convict him.

5. What seems to be the situation in this case is that the complainant was having land-lord tenant dispute with Gopal Sharma when he claims to have summoned a witness from Labour Department alongwith record. Matter does no rest here. The complainant states that he has seen the record of the Labour Department, wherein Gopal Sharma was reflected as Sole Proprietor of the business that was

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