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2006 Supreme(SC) 1032

S.B.SINHA, MARKANDEY KATJU
Banshi Dhar – Appellant
Versus
State Of Rajasthan – Respondent


JUDGMENT

S.B. Sinha, J. - Appellant was a Patwari working at village Minda in the year 1976. On an allegation that he had sought illegal gratification, on or about 13.7.1976, a complaint was lodged in the office of Deputy Superintendent of Police, Anti-Corruption, Jaipur (Rural) that the appellant had asked for illegal gratification. A raiding party laid a trap on the said date and he was found to have accepted illegal gratification. Pursuant thereto he was prosecuted for alleged commission of an offence under Section 5(1)(d) of the Prevention of Corruption Act read with Section 161 of the Indian Penal Code. He was placed under suspension. He was convicted under Section 5(1)(d) of the Prevention of Corruption Act read with Section 161 of the Indian Penal Code by reason of a judgment dated 25.02.1985 passed by the Special Judge (A.C.D.) in criminal case No. 17 of 1979. He was dismissed from service in terms of the said judgment of conviction by an order dated 3.10.1987.

2. The appellant preferred an appeal against the said judgment of conviction and sentence and by reason of a judgment and order dated 16.01.2001, the said appeal was allowed. The appellant, thus, stood acquitted.




















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