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2011 Supreme(Del) 255

M.L.MEHTA
PREM SINGH YADAV – Appellant
Versus
CENTRAL BUREAU OF INVESTIGATION – Respondent


Advocates Appeared:
Mr. Arjun Bhandari and Mr. Varun Bhandari, Advocates.
Mr. Narinder Mann, Advocate

JUDGMENT

M.L. MEHTA, J.

1. This appeal is directed against the Judgment dated 27th February, 2002 and Order dated 28th February, 2002, whereby, the appellant/accused was convicted by learned Special Judge under Sections 7 and 13(1)(d) of the Prevention of Corruption Act, 1988 (hereinafter, referred to as „the Act?) and was sentenced to undergo rigorous imprisonment of one year for each offence. He was also ordered to pay fine of `300/- on each count. In case of default of payment of fines, he was to undergo further simple imprisonment of one month each. Both the sentences were ordered to run concurrently.

2. The prosecution?s case, as unfolded at the trial, is that PW2/complainant Ajaib Singh lodged a complaint Ex. PW2/A with CBI, Anti Corruption Branch on 25th April, 1989 alleging that he was keeping three cows at his residence and was making his livelihood by selling the milk. Appellant/accused Prem Singh Yadav, posted as a Milk Tax Inspector, MCD, Green Park used to harass him on one pretext or the other and had also challaned him twice before. On 24th April, 1989, the accused came to the complainant with a demand of `1,000/- as bribe, failing which, he threatened to challan him


































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