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2012 Supreme(SC) 408

DIPAK MISRA, B.S.CHAUHAN
Mukut Bihari – Appellant
Versus
State of Rajasthan – Respondent


JUDGMENT

Dr. B.S. Chauhan, J.-This appeal has been preferred against the judgment and order dated 12.10.2011 passed by the High Court of Judicature at Rajasthan (Jaipur Bench) in S.B. Criminal Appeal No.726 of 2001, by which it has affirmed the judgment and order of the trial Court dated 7.9.2001 passed by the Special Judge (ACD Cases), Jaipur in Regular Special Criminal Case No.26 of 1995 (State of Rajasthan v. Mukut Bihari etc.) whereby the appellant Mukut Bihari stood convicted for the offences punishable under Sections 7 and 13(1)(d) read with Section 13(2) of Prevention of Corruption Act, 1988 (hereinafter called the “Act 1988”) and under Section 120B of Indian Penal Code, 1860 (hereinafter called ‘IPC’) and has been awarded the punishment of rigorous imprisonment for a period of 2 years for each count; whereas appellant Kalyan Mal has been convicted for the offences punishable under Section 13(1)(d) read with Section 13(2) of the Act 1988 and under Section 120B IPC and he has also been awarded the punishment of rigorous imprisonment for a period of 2 years on each count.

2. Facts and circumstances giving rise to this case are that:

(A) Rafiq (PW.1) filed a complaint on 16.1

















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