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2008 Supreme(Del) 312

P.K.BHASIN
Sharma – Appellant
Versus
State – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: Manoj Mishra, Adv.
For Respondents/Defendant: Pawan Bahl, APP

JUDGMENT

P.K. Bhasin, J.

1. This appeal has been preferred against the judgment dated 26.02.1999 and order dated 27.02.1999 passed by the learned Special Judge, Delhi in Sessions Case No. 40/1993 whereby the appellant was convicted under Sections 7 and 13(1)

(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the Act) and was sentenced under Section 7 to undergo six months rigorous imprisonment and also to pay a fine of Rs. 1000/- with a default stipulation of two months rigorous imprisonment in case of default of payment of fine and under Section 13(1)(d) to undergo rigorous imprisonment for a period of one year and six months and also to pay a fine of Rs. 4000/-, in default of payment of which to further undergo six months rigorous imprisonment. Both the substantive sentences were ordered to run concurrently.

2. The relevant facts leading to the prosecution of the appellant herein have been noticed by the trial court in paras 1-3 of the impugned judgment and are as under:

Accused Sri Sharma had been working as a Chaudhari in the Horticulture Department, N.D.M.C. in Chanakyapuri area. Complainant Sikandar (P.W.1) was a gardener working














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