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2023 Supreme(Gau) 1420

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


Advocates Appeared:
For the Petitioner: Mr Anil Rinliana Malhotra.
For the Respondent: Mr. C. Zoramchhana, (PP/Addl.PP, Mizoram).

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:

    i. On the basis of a preliminary inquiry which was registered as ACB Preliminary Inquiry No. 15/2012 dated 05.07.2012, an FIR was lodged against the present appellant, inter-alia, alleging that while functioning as Deputy Commissioner, Mamit, he

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