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2009 Supreme(Del) 11

MOOL CHAND GARG
Vinod Kumar Garg – Appellant
Versus
State – Respondent


Advocates Appeared:
Mr.Anil Kumar Gupta with Mr.Arun Birbal, Mr.Rajpal Singh and Mr.Piyush Gupta, Advocates
Mr.Pawan Sharma, Advocate

MOOL CHAND GARG, J.

1. Appellant has filed this appeal under Section 374 of the Code of Criminal Procedure read with section 27 of the Prevention of Corruption Act 1988 (hereinafter referred to as the Act) thereby impugning the judgment dated 27.03.2002 passed by the learned Special Judge, Delhi convicting him under Section 7 and 13 of the Act. He has also assailed the consequent order of sentence dated 28.03.2002 sentencing him to undergo rigorous imprisonment for a period of one and a half year along with payment of fine of Rs. 1000/- and in default to further undergo simple imprisonment for 3 months on both the counts separately. However both the sentences have been ordered to run concurrently. The appellant has deposited the fine and the sentence of imprisonment has been suspended during the pendency of this appeal. He is on bail throughout.

2. The genesis of the prosecution case lies in the complaint dated 02.08.1994 (Ex.PW2/A), lodged by PW2 Shri Nand Lal with the Anti-corruption Branch of Delhi Police which reads as under: - I took on rent a shed at Welcome Colony from Sh. Anil Ahuja at the rate of Rs. 200/- (Rupees Two Hundred) per month about three months back. At that ti
































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