Radhe Shyam Sharma
YUGAL KISHORE – Appellant
Versus
STATE OF M. P. – Respondent
1. This appeal is directed against judgment dated 30-06-1997 passed by Special Judge under the Prevention of Corruption Act, 1988 (henceforth 'the Act, 1988'), Rajnandgaon in Special Case No. 5/94. By the impugned judgment, accused/appellant Yugal Kishore has been convicted under Sections 7 and 13(1)(d) of the Act, 1988 and sentenced to undergo rigorous imprisonment for 6 months and to pay fine of Rs. 200/- and to undergo rigorous imprisonment for 1 year and to pay fine of Rs. 300/-, respectively. In default of payment of fine, to further undergo imprisonment for 2 months and 3 months, respectively. The jail sentences are directed to run concurrently.
2. Case of the prosecution, in brief, is as under:
Accused/appellant Yugal Kishore was posted as a Lower Division Clerk in the Employees’ State Insurance Corporation, Rajnandgaon. Complainant Chhannulal (PW-4) was working in BMC Mills, Rajnandgaon as a labour. From 18-09-1993 to 17-01-1994, complainant Chhannulal (PW-4) was on leave. He was entitled to receive payment (money) for leave period. He received some amount but, sum of Rs. 2000/- was remaining to be paid to him. He approached Cashier Bharat. Bharat demanded a sum of Rs
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