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2017 Supreme(Gau) 798

AJIT BORTHAKUR
Nuruddin Ahmed (MD) – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
For the Appellant : Mr. A. Sharif, Mr. F. Islam, Mr. S. Zaman
For the Respondent: Ms. S. Jahan

JUDGMENT & ORDER :

Ajit Borthakur, J.

Heard Mr. A. Sharif, learned counsel, for the accused - appellants. Also heard Ms. S. Jahan, learned Addl. public Prosecutor, Assam.

2. This appeal under Section 27 of the Prevention of Corruption Act, 1988,(for short ‘PC Act) read with Section 374(2) of the Code of Criminal Procedure, 1973, has been preferred against the judgment & order dated 05.02.2013 passed by the learned Special Judge, Assam. Guwahati, in Special Case No. 03 of 2011 under Section 7 of the PC Act, whereby, each of the appellants was convicted and sentenced to undergo rigorous imprisonment for 2(two) years with a fine of Rs. 10,000/-, in default to undergo rigorous imprisonment for 6(six) months.

Prosecution case. Trial and Conviction:

3. The prosecution case, in brief, may be stated thus:

On 07.06.2007, the Executive Magistrate Anil Ch. Das of Kaliabor Sub-Division, lodged an ejahar with the Officer-in-Charge of Kaliabor Police Station alleging that as per information given by the Sub-Divisional Magistrate, Kaliabor, the officials of Veterinary Hospital, Kaliabor, while distributing forms of Kalpataru Veterinary schemes were taking money from the beneficiaries and therefore, the










































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