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2019 Supreme(SC) 892

ASHOK BHUSHAN, NAVIN SINHA
GURUVIAH – Appellant
Versus
THE STATE REPRESENTED BY THE INSPECTOR OF POLICE – Respondent


Advocates Appeared:
For the Appellant :S. Nagamuthu, M.P. Parthiban, A.S. Vairawan, Pragadeesh Kumar K., Arunagiri Y., Sudhakaran R., Hardik Gautam, Advocates
For the Respondent:M. Yogesh Kanna, Raja Rajeshwaran S., Parthasarathi S., Advocates

JUDGMENT

Navin Sinha, J.

The appellants, who are village assistants, challenge their conviction under Sections 13(1)(d), 13(2) and 12 of the Prevention of Corruption Act, 1988 (hereinafter called as "the Act") with fine and a default stipulation, sentencing them to one year of rigorous imprisonment. The appellants have been acquitted of the charge under Section 7 of the Act and Section 109 of the Indian Penal Code. The village administrative officer, accused no.1, was convicted under Sections 7, 13(1)(d), 13(2) and 12 of the Act. He has since been deceased during the pendency of his separate appeal.

2. The appellants were village assistants in the office of the village administrative officer, arrayed as accused 2 and 3. On 17.12.2003, P.W. 2 lodged a written complaint before the Additional Superintendent of Police (Vigilance and Anti-Corruption) that the village administrative officer had demanded a sum of Rs. 600/- for signing the necessary papers to facilitate transfer of electric connection in the name of the complainant. The illegal gratification is stated to have been handed over to one of the appellants on the instruction of the village administrative officer, and who after coun

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