D.K.JAIN, MUKUNDAKAM SHARMA, ARIJIT PASAYAT
Subbu Singh – Appellant
Versus
State by Public Prosecutor – Respondent
Judgment :
Dr. Arijit Pasayat, J.
1. Challenge in this appeal is to the judgment of a learned Single Judge of Madras High Court setting aside the judgment of acquittal passed by learned Chief Judicial Magistrate cum Special Judge, Erode, Tamil Nadu. Appellant faced trial alongwith one Rajappan. The appellant faced trial for alleged commission of offence punishable under Section 7 read with 12, 13(2) read with Section 13(1)(d) read with Section 12 of the Prevention of Corruption Act, 1988 (in short the `Act). The trial court directed acquittal of both the accused persons. The High Court upheld the acquittal so far as the co-accused is concerned, but set aside the judgment of acquittal and directed conviction for the appellant for charged offences. The minimum sentence of six months and fine with default stipulation for the offence punishable under Section 7 of the Act and one years rigorous imprisonment with fine with default stipulation for the offence under Section 13(2) read with Section 13(1)(d) of the Act were awarded.
2. Prosecution version in a nutshell is as follows:
Subbusingh (Al), the appellant was working as Sub Inspector of Police at Sathiyamangalam Police Station. Rajap
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