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2011 Supreme(SC) 233

Ashok Tshering Bhutia – Appellant
Versus
State of Sikkim – Respondent


JUDGMENT

Dr. B.S. CHAUHAN, J.

1.This appeal has been preferred against the judgment and order dated 11.12.2002 passed by the High Court of Sikkim at Gangtok in Criminal Appeal No. 4 of 2002, upholding the judgment and order dated 30.5.2002, passed by the Special Judge, Prevention of Corruption Act, Gangtok in Criminal Case No. 4 of 1997, convicting the appellant for the offences punishable under Section 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act, 1988 (hereinafter called as PC Act 1988) and awarding him the sentence of 3 years RI and a fine of Rs.10,000/-, in default thereof, to undergo a further RI for six months.

2. Facts and circumstances giving rise to appeal are as under. The appellant joined the Special Branch of Police in the State of Sikkim as a Constable in 1972. He was accorded promotion to the rank of Head Constable in 1976, and was subsequently promoted on

























































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