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2013 Supreme(Gau) 189

P.K.MUSAHARY
Md. Arif Mohammed – Appellant
Versus
State of Assam – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff:Mr. P. Kataki, Mr. M. Haloi and Mr. A.D. Lahkar, Advocates
For Respondents/Defendant: Mr. K. Munir, Addl. Public Prosecutor, Assam

JUDGMENT

P.K. Musahary, J.

1. This appeal is directed against the judgment dated 21.9.2011 passed in special case No. 17(A)/04 by the learned special Judge, Assam, Guwahati convicting the appellant under Section 420, IPC and Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 and sentencing him to undergo rigorous imprisonment for 4(four) years and to pay fine of Rs. 50,000/- each, in default to undergo rigorous imprisonment for one year in default for both sections and directing the sentence would run concurrently. The prosecution case, in brief, is that on 27.7.2000 one Sri K. Kachari, Vigilance and Anti Corruption, Assam, Christianbasti, Guwahati lodged a written FIR before the officer-in-Charge of Anti Corruption Branch, P.S. stating inter alia that on the basis of the report submitted in RE No. 26(5)/98 it was found that the appellant, while posted as a Sectional Officer at Mashimpur, Ferry Service under Silchar IWT Division, took illegal gratification from one (1) Salimuddin Borbhuiya of village-Rajpur, PS Silchar (2) Bipul Chandra Das of Dakhin Manikpur PS-Silchar, (3) Sabir Ahmed Laskar of village-Niz Fulbari PS-Katighora, Hailakandi (4) Anandi
















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