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1973 Supreme(SC) 208

I.D.DUA, K.K.MATHEW
B. G. Goswami – Appellant
Versus
Delhi Administration – Respondent


Judgment

DUA, J.:- The appellant in this appeal by special leave challenges the judgment and order of a learned single Judge of the High Court of Delhi dated October 29, 1969 upholding, on appeal, the appellant s conviction under Section 5 (2) read with Section 5 (1) (d) of the Prevention of Corruption Act, 1947 and under Section 161, I.P.C. The Special Judge convicting the appellant by his order dated May 24, 1967 had imposed a sentence of rigorous imprisonment for 11/4 years and also imposed a fine of Rs. 200/- with three months further imprisonment in case of default of payment of fine under Section 5 (2) read with Section 5 (l) (d] of the Prevention of Corruption Act, a similar substantive sentence of imprisonment was imposed under Section 161 I.P.C. Both the substantive sentences were to run concurrently. The High Court on appeal reduced the substantive sentence of imprisonment under both counts to rigorous imprisonment for one year each. The sentence of fine and imprisonment in default of payment of fine was maintained.

2. Shri R. L. Kohli. the learned counsel for the appellant has addressed elaborate arguments in support of this appeal and has severely criticised the judgmen












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