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2011 Supreme(Del) 395

M.L.MEHTA
R. C. Kundu – Appellant
Versus
The State (NCT of Delhi) C. B. I. – Respondent


Advocates:
Counsels:
For Appellant/Petitioner/Plaintiff: Sunil Kumar, Sr. Adv. and Atul Kumar, Adv.
For Respondents/Defendant: Narender Mann, Special Public Prosecutor for the State/CBI

JUDGMENT

M.L. Mehta, J.

1. This criminal appeal is directed against the judgment dated 26th March, 2002 and the order dated 27th March, 2002 of the learned Special Judge Mr. R.K. Gauba whereby the Appellant/accused was convicted under Section 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (for short "the Act") and was sentenced to undergo rigorous imprisonment of four years with fine of `500/- on each count. Both the sentences were to run concurrently.

2. Since the impugned judgment and order have been assailed on various grounds and the main challenge is centered around the analysis of the prosecution witnesses as done by the learned Special Judge, it would be useful to briefly narrate the facts of the case.

3. Complainant, Ved Prakash (PW2) was working as Sr. Depot Agent in booth No. 1197, Sewa Nagar, New Delhi of Delhi Milk Scheme ("DMS"). The accused R.C. Kundu, at the relevant time, was posted as an Assistant Milk Distribution Officer (AMDO) in DMS and was looking after the area of Sewa Nagar. The complainant PW2 made a complaint against accused vide Ex. PW2/A dated 30th November, 1990 to Sh. Ashok Kumar (PW10) of CBI. It was to the effect that th













































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