SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2009 Supreme(SC) 909

D.K.JAIN, MUKUNDAKAM SHARMA, ARIJIT PASAYAT
Subbu Singh – Appellant
Versus
State by Public Prosecutor – Respondent


Advocates appeared:
For the Appellant:P.P. Rao, Sr. Advocate, K.V. Visanathan, B. Raghunath, Abhishek Kaushik, Vijay Kumar, Advocates. For the Respondent:S. Thananjayan, Advocate.

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



































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top