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2014 Supreme(Del) 222

S.MURALIDHAR
Mahavir Singh – Appellant
Versus
State – Respondent


Advocate Appeared:
For the Appellant:Joy Basu, Senior Advocate with Saket Sikri, Ms. Ekta Sikri, Sudeep Dey, Indrajeet Sircar, Advocates.
For the Respondent: Ms. Isha Khanna, APP.

Judgment :

1. This appeal is directed against the judgment dated 15th January 2008 passed by the Special Judge, CBI in CC No. 68 of 1999 and order on sentence dated 16th January 2008 convicting the Appellant for the offences under Section 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 and sentencing him to undergo rigorous imprisonment (‘RI’) for two years and a fine of Rs.2,500 under Section 7 of the PC Act and in default to undergo simple imprisonment (‘SI’) for a period of two months and to further undergo RI for a period of two years and a fine of Rs.2,500 under Section 13(2) of the PC Act and in default of payment of a fine to undergo SI for a period of two months.

2. It must be noted at the outset that there were three accused before the trial Court and by the same impugned judgment one of the co-accused Gianender Singh has been acquitted while another co-accused Ram Sarup has been convicted along with the Appellant.

3. The case of the prosecution is that on 8th December 1997 the complainant Sudhir Kumar (PW-11) went to the office of the Anti Corruption Branch (‘ACB’) and got his complaint Ex.PW-11/A recorded by Inspector Prem Chand (PW-12) in t































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