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2006 Supreme(SC) 1054

ARIJIT PASAYAT, LOKESHWAR SINGH PANTA
B. Noha – Appellant
Versus
State Of Kerala – Respondent


JUDGMENT

Arijit Pasayat, J. - Leave granted.

2. Appellant calls in question legality of the judgment rendered by a learned Single Judge of the Kerala High Court upholding the conviction of the appellant for offences punishable under Section 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (in short the Act)

3. The Enquiry Commissioner and the Special Judge, Thiruvananthapuram found the appellant guilty of the offences punishable as aforesaid, convicted him thereunder and sentenced him to undergo rigorous imprisonment for a period of 3 years and to pay a fine of Rs.20,000/- with default stipulation in respect of the offence punishable under Section 7 of the Act. Further, the appellant was sentenced to undergo rigorous imprisonment for a period of 3 years for the offence punishable under Section 13(1)(d) read with Section 13(2) of the Act. The substantive sentences were directed to run concurrently.

4. Background facts in a nutshell are as follows:

The prosecution case against the appellant was that while the appellant was working as Health Inspector Grade-II, at Thirnmala Circle, Thiruvananthapuram City Corporation, he demanded and accepted an amount of R












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