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1992 Supreme(SC) 302

K.JAYACHANDRA REDDY, R.C.PATNAIK
T. M. Joseph – Appellant
Versus
State Of Kerala – Respondent


JUDGMENT

The appellant was convicted under S. 5(1)(d) of the Prevention of Corruption Act and under S. 161 of the Indian Penal Code. He was sentenced to undergo one year rigorous imprisonment and a fine of Rs. 250/ - on the first count and one year rigorous imprisonment on the second count. Both sentences were directed to run concurrently.

2. The facts of the case are as follows :

The appellant was a Junior Superintendent attached to the Regional Transport Officer, Kottayam in the year 1975. PW 1 was the President of the Changanacherry Motor Workers Transport Co-operative Society Ltd. and PW2 was the Secretary. The Society was running a bus on a temporary permit which expired on 2-10-75. The Society applied for an extension of the period of the temporary permit. Therefore, the matter came up before the Regional Transport Authority. The extension was allowed for a period of four months. PWs 1 and 2 went to the office of the Regional Transport Authority and submitted the necessary papers to PW4, who found the papers were in order and note was put up to that effect. At about 2 p.m. on 25-9-75 PWs 1 and 2 approached the accused and enquired about the permit. It may be stated that it was t





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