MRIDUL KUMAR KALITA
Rodney Lalrinawma Ralte, Tuikual North, Aizawl, Mizoram – Appellant
Versus
State of Mizoram, R/b Secretary to the Govt. of Mizoram, Vigilance Department – Respondent
JUDGMENT :
1. Heard Mr.A. M.Bora, learned senior counsel assisted by Mr. A. R. Malhotra, learned counsel and Mr. B. Bhagawati, learned counsel for the appellant. Also heard Mr. C. Zoramchhana, learned Public Prosecutor, for the State of Mizoram.
2. This appeal under Section 27 of the Prevention of Corruption Act, 1988, read with Section 374 of the Code of Criminal Procedure, 1973, has been filed by the appellant Shri Rodney Lalrinawma Ralte, impugning the judgment and order dated 27.05.2019 passed by learned Special Judge, Mizoram at Aizawl whereby the present appellant was convicted under Section 13(1)(d) and was sentenced under Section 13(2) of the Prevention of Corruption Act, 1988 and was sentenced to undergo rigorous imprisonment for 3 years and to pay a fine of Rs. 5 lakh and in default of payment of fine to undergo further rigorous imprisonment for 1 year.
3. The facts relevant for consideration of the instant appeal are as follows:
Union of India & Anr. Vs. B. N. Ananti Padmanabiah etc. reported in 1971 3 SCC 278
H. N. Rishbud and Inder Singh Vs. The State of Delhi reported in 1955 1 SCR 1150
Mahant Bhagwan Bhagat Vs. G. N. Bhagat reported in 1972 1 SCC 486
Narbada Devi Gupta Vs. Birendra Kumar Jaiswal and Anr. reported in 2003 8 SCC 745
Sarah Mathew Vs. Institute of Cardiovascular Disease reported in (2014) 2 SCC 62
State represented by Inspector of Police
Oriental Insurance Company Limited Vs. Prem Lata Shukla and others reported in (2007) 13 SCC 476
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