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ANANYA BANDYOPADHYAY
Banshidhar Singh – Appellant
Versus
State of West Bengal – Respondent


Counsel for the Parties:
For the Appellant:Mr. Sekhar Basu, Mr. Milon Mukherjee and Mr. B. Manna, Advocates
For the CBI:Ms. Chandreyi Alam, Advocate

JUDGMENT

Ananya Bandyopadhyay, J.—The instant criminal appeal is preferred by the appellant being aggrieved by and dissatisfied with the judgment and order dated 03.03.2003 passed by Learned Additional Sessions Judge, 1st Special Court, Burdwan in Special Case No. 8 of 1998 whereby the appellant was held guilty of offences punishable under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988 and sentenced to suffer rigorous imprisonment for a period of five (5) years and to pay a fine of Rs.3,000/-. In default to suffer rigorous imprisonment for a further period of three (3) moths.

2. The prosecution case precisely stated one Manowar @ Monawar Hossain lodged a complaint before the Superintendent of Police, Central Bureau of Investigation, A.C.B./S.P.E. Division, Calcutta on 25.09.1995 alleging, inter alia, that he had a small shop of scrap materials at Burdwan. On 08.08.1995 in the morning by a hired truck bearing No.WML-956 he sent certain scrap materials. As it approached near the railway over-bridge at Burdwan on the way to Kolkata on the Katwa Burdwan Road the R.P.F. Inspector, the appellant herein intercepted the said truck, assaulted its driver and took the said tru

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