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2010 Supreme(SC) 1448

HARJIT SINGH BEDI, CHANDRAMAULI KR.PRASAD
Prabhat Kumar Gupta – Appellant
Versus
State of Jharkhand – Respondent


JUDGMENT :

1. Sole appellant, aggrieved by his to as the ‘Act’) and sentence of rigorous conviction under Sections 7 and 13(l) read imprisonment for one year on each count, with Section 13(1)(d) of the Prevention of has preferred this appeal by grant of special Corruption Act, 1988 (hereinafter referred leave.

2. According to the prosecution, Chhavi Majhian (PW-8), a loader in Bhawra Colliery of the Bharat Coaking Coal Ltd. Dhanbad, fractured her hand and her son PW-2, Bhagat Tadu took her to Jiyalgora Central Hospital on 24th August, 1993 for plaster and met Dr. Sahu who had advised them to come on 25th August, 1993. As advised, Bhagat Tadu and Chhavi Majhian went to the Hospital on 25th August, 1993 but did not find Dr. Sahu there, rather Dr. Prabhat Kumar Gupta, the appellant herein was present in the Chamber. He assured to plaster the hand but according to the prosecution he demanded Rs. 100/- as illegal gratification. Bhagat Tadu was not prepared to pay the said amount and he submitted a report dated 25th August, 1993 to the Superintendent of Police, Central Bureau of Investigation, Dhanbad. On the basis of that trap was arranged to apprehend Dr. Gupta red handed while demanding

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