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V.S.SIRPURKAR, R.M.LODHA
A. Subair – Appellant
Versus
State of Kerala – Respondent


Advocates appeared:
For the Appellant(s) :C.N. Sreekumar, P.R. Nayak, Dushyant Parashar, V.K. Sidharthan, Advocates.
For the Respondent(s):Kunwar Yuvraj Singh, Ramesh Babu M.R., Advocates.

JUDGMENT

R.M. Lodha, J.—

The appellant, A. Subair, in this appeal by special leave, suffered conviction under Sections 7 and 13(1)(d) read with Section 13(2) of Prevention of Corruption Act, 1988 (‘the Act’) by the court of Special Judge, Thiruvanathapuram. The Special Judge sentenced him to undergo rigorous imprisonment for a period of six months and to pay fine of Rs. 100/- with default stipulation under Section 7 and rigorous imprisonment for a period of one year and to pay fine of Rs. 250/- with default stipulation for the offence under Section 13(1)(d) read with Section 13(2) of the Act, 1988. His conviction and sentence has not been interfered with by the High Court of Kerala.

2. The case of the prosecution was that the appellant was working as a Lower Division Clerk in L-2 Section at the Sub-Regional Transport Office, Attingal. One Manaf had applied for a driving licence which was issued to him but since that was not issued in book form, he made an application to get it converted into book form. Despite several visits made by Manaf, the appellant did not deliver him the driving licence in book form and he was asked to come time and again. On April 24, 1989, when Manaf visite

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