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1983 Supreme(SC) 355

S.MURTAZA FAZAL ALI, M.P.THAKKAR
State Of Maharashtra – Appellant
Versus
Narsingrao Gangaram Pimple – Respondent


Advocates:
M.N.SHROFF, O.P.RANA, RAM JETHMALANI, S.B.Bhasme, V.N.GANPULE

JUDGMENT

FAZAL ALI, J.:— This appeal by special leave is directed against a judgment dated 22/23rd January, 1976 of the Bombay High Court acquitting the respondent of the charges framed against him under Sec. 161, Indian Penal Code and also under Ss. 5 (1) (a) and 5 (2) of the Prevention of Corruption Act (hereinafter referred to as the Act). The trial Court after very detailed consideration of the evidence held that the charges under the aforesaid sections had been fully proved and the respondent-accused was accordingly sentenced to undergo two years rigorous imprisonment under Ss. 5 (1) (a) and 5 (2) of the Act and a fine of Rs. 2,000/- was also imposed and in default of payment of fine further six months R. I. was imposed. The High Court in appeal disagreed with the conclusion of the trial Court, allowed the appeal of the accused, and set aside the conviction and sentence imposed on him.

2. We have heard Mr. Jethmalani, counsel for the respondent-accused and Mr. Rana for the appellant and have gone through the entire evidence and the judgment of the High Court.

3. This seems to be a very strange case where truth has been so much polluted that falsehood has taken its place and trut
















































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