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2023 Supreme(Gau) 1300

MITALI THAKURIA
Shyamal Bezbaruah S/o Late Narayan Bezbaruah – Appellant
Versus
Central Bureau Of Investigation – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. P. Kataki
For the Respondent: Mr. M. Haloi, Special P.P., CBI

JUDGMENT :

Heard Mr. P. Kataki, learned counsel for the appellant. Also heard Mr. M. Haloi, learned Special Public Prosecutor, CBI, representing the respondent.

2. This is an appeal under Section 27 of the Prevention of Corruption Act read with Section 374(2) of the Code of Criminal Procedure, 1973, against the judgment and order dated 23.05.2012, passed by the learned Special Judge (CBI), Assam, in Special Case No. 28/2004, convicting the accused/appellant under Section 120(B)/468 of the Indian Penal Code read with Section 13(2) & Section 13(1)(d) of the Prevention of Corruption Act, 1988, and sentenced him to undergo R.I. for 5 (five) years and to pay a fine of Rs. 5,000/-(Rupees five thousand) only in default to undergo R.I. for another 1 (one) month for the offence under Section 13(2) & 13(1)(d) of the Prevention of Corruption Act, 1988, and further to undergo R.I. for 5 (five) years and to pay a fine of Rs. 5,000/-(Rupees five thousand) only in default to undergo R.I. for another 1 (one) month for the offence under Section 468 of the Indian Penal Code and it is further ordered that both the sentences will run concurrently.

3. The prosecution case pertains to the forgery of order

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