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2012 Supreme(Gau) 110

TINLIANTHANG VAIPHEI
Krishna Shankar Mehta – Appellant
Versus
State Central Bureau of Investigation – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: Ms. A. Paul and Mr. K. Paul
For Respondents/Defendant: Mr. V.K. Jindal, Sr. Adv. and Mr. S. Dey

JUDGMENT

T. Vaiphei, J.

1. The legality of the judgment dated 29-12-1999 passed by the learned Special Judge, Shillong in Special Case No. 3 of 1989 convicting the appellant under Sections 120B/420, IPC and Section 5(2) of the Prevention of Corruption Act 1947 ("PC Act" for short) and sentencing him to undergo a simple imprisonment of two months under Section 120B, IPC, to undergo another simple imprisonment of six months under Section 5(2) of PC Act and to suffer another simple imprisonment for four months with a fine of 2,000/- under Section 420, IPC, which were to run concurrently. The case of the prosecuting CBI is that they received information to the effect that Mr. K.S. Mehta, the appellant herein, while he was posted as the Branch Manager of the Bank of India, Shillong Branch between 1984 and 1985, had sanctioned two loans amounting to 1,05,000/- and 4,72,500/-to the two co-accused, namely, Mrs. Roseland Swett, w/o E.R. Maingiang, of Jaiaw Laitdom, Shillong-2 and Mr. Rajib Goswamy of Lower Lumparing (Tara Bhavan), Laban, Shillong-4 ("G" for short) respectively for purchase of one second hand truck and one Omni Bus and that even after receipt of the loan amounts by the two co-




















































































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