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SWAMIDURAI
Balakrishnan – Appellant
Versus
State by Special Police Establishment – Respondent


Advocates:
Counsel for the parties:
For the Appellant: Mr. N. Natarajan.
For the Respondent: Mr. P. RajamanickAnr.

JUDGMENT

Swamidurai, J. - The accused in C.C. No. 11 of 1986 on the file of the learned Special judge (First Additional Sessions Judge), Tiruchirapalli is the appellant. He was charged for offences under Section 161 I.P.C. and under Section 5 (1) (d) punishable under Section 5 (2) of the Prevention of Corruption Act, and he was found guilty, convicted under Section 161 I.P.C. and sentenced to undergo rigorous imprisonment for six months and under Section 5 (1) (d) read with 5. (2) of the Prevention of Corruption Act, he was convicted and sentenced to undergo rigorous imprisonment for three Years and to pay. a fine of Rs. 250/- in default to -undergo rigorous imprisonment for three months: The sentences were however directed to run concurrently.

2. The prosecution has examined eleven witnesses and marked Exs. P.1 to P. 25 and M.Os. 1 to 6. The accused was the Chief Catering Inspector, Southern Railway, Trichy Division at Trichy. The charge against the accused is that on 6.3 .1986 at 9.30 a.m. he had accepted a sum of Rs. 1,000/ - from M. Balraj alias Balu as gratification other than legal remuneration as a motive or reward for issuing orders for the supply of plantain leaves and the

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