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DELHI HIGH COURT
SURESH KUMAR KAIT
Nepal Singh Rawal – Appellant
Versus
Central Bureau of Investigation – Respondent
JUDGMENT
1. The instant appeal is being filed against the judgment/order dated 27.10.2004 of Special Judge wherein the appellant was convicted to rigorous imprisonment for two years and to pay a fine of Rs.25,000/- for the offence punishable under Section 7 of the PC Act. In default of payment of fine, he shall undergo simple imprisonment for three months each. Convict is further sentenced to rigorous imprisonment for three years and to pay a fine of Rs.25,000/- for the offence punishable under Section 13(2) read with 13(1)(d) of PC Act. In default of payment of fine, he shall undergo simple imprisonment for six months each. It is further directed that all the substantive sentences shall run concurrently and period of detention already undergone during investigation/trial of the case, if any, shall be set off under Section 428 Cr.P.C.
2. The essence of the allegation against the appellant is that, working as an Assistant Collector, Grade-II, Recovery Wing, Delhi Development Authority, he was pursuing proceedings against M/s. Pragati Construction Company for recovery of ground rent for the sum of l.77,44,000/- and had issued arrest warrant against the owner of the said company.
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The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
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The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
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