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2014 Supreme(Del) 1054

S.MURALIDHAR
Ashish Kumar Dubey – Appellant
Versus
State Thr. C. B. I. – Respondent


Advocates Appeared:
For the Appellant:Dayan Krishnan, Senior Advocate with Pramod Kumar Dubey, Smriti Sinha, Mohd. Faraz, Swati Goswami, Shiv Pande, Vasundhara Nagrath, Nishank Mattoo, Advocates.
For the Respondent: Manoj Ohri, Special Public Prosecutor.

Judgment

1. This appeal is directed against the judgment dated 25th January 2008 passed by the learned Special Judge (CBI) in CC No. 07/03 convicting the Appellant under Section 7 and 13 (2) read with Section 13 (1) (d) of the Prevention of Corruption Act, 1988 (‘PC Act’) and the order on sentence dated 28th January 2008 sentencing him to two years rigorous imprisonment (‘RI’) with a fine of Rs. 10,000, and in default, to undergo simple imprisonment for fifteen days for the offence under Section 7 of the PC Act and RI for two and a half years with a fine of Rs. 15,000, and in default, to undergo SI for fifteen days for the offence under Section 13(2) read with 13 (1) (d) of the PC Act. Both the sentences were directed to run concurrently.

2. By an order dated 26th February 2008, this Court suspended the sentence awarded to the Appellant during the pendency of the appeal, subject to terms.

The case of the prosecution

3. The case of the prosecution was that one Ms. Sabina, the maid servant of Mr. Qayum Qureshi (PW5) and his wife Smt. Zeenat Qureshi (PW6) went missing on 18th March 2002. A report to that effect was lodged by Smt. Khushnudh Begum, the mother-in-law of PW5. Daily Diary (







































































































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