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2012 Supreme(SC) 825

RANJAN GOGOI, P.SATHASIVAM
RAKESH KAPOOR – Appellant
Versus
STATE OF HIMACHAL PRADESH – Respondent


JUDGMENT

P. Sathasivam, J.-Leave granted.

2. This appeal is directed against the final judgment and order dated 08.09.2011 passed by the High Court of Himachal Pradesh at Shimla in Criminal Appeal No. 713 of 2008 whereby the High Court while partly allowing the appeal filed by the appellant herein set aside the conviction under Section 7 of the Prevention of Corruption Act, 1988 (for short ‘the P.C. Act’) and upheld the conviction and sentence awarded by the trial Court under Section 13(2) of the P.C. Act.

3. Brief facts:

(a) In January, 2003, the appellant had been posted as Divisional Tourism Development Officer, Dharamshala, H.P. His duty includes issuing permits for running of buildings as guest houses/hotels, by registering them as such and fixing the tariff for different types of rooms/accommodation in the said buildings.

(b) One Nirwan Singh is having a Tea Orchard and a house in Cheelgari in Dharamshala. He executed a general power of attorney in favour of the complainant - Sukhjit Singh Sidhu for managing his aforesaid properties. He renovated the said house and converted and converted it into a hotel and sought permission for registration and for fixing of tariff for the

































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