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2008 Supreme(Raj) 2170

MAHESH BHAGWATI
State of Rajasthan – Appellant
Versus
Laduram – Respondent


For the Appellant-State:B.K. Sharma, Advocate.
For the Accused-Respondent:Dinesh Gupta and Vijyant Nirwant for A.K. Gupta, Advocates.

JUDGMENT

1. - Challenge in this appeal is to the judgment dated 27th September, 1996 whereby the Special Judge Prevention of Corruption Cases, Jaipur has acquitted the accused respondent Laduram Chahar in the offence under Section 7 and 13(1)(d)(2) of the Prevention of Corruption Act, 1988 (hereinafter to be referred as 'Act 1988').

2. The prosecution story is woven like this :

That on 25th March, 1992, the accused respondent Laduram was posted as Veterinary Doctor in Veterinary Hospital Malsisar. That day, he being a public servant demanded a bribe of Rs. 300/- other than his lawful remuneration from the complainant Birju Singh in lieu of releasing the health certificate of his Camel. On the complaint of decoy Birju Singh, Dy. S.R Anti Corruption Bureau, Sikar laid a trap and caught the accused respondent Laduram red handed while accepting the bribe of Rs. 300/- from the complainant Birju Singh. The Police Officer recovered the bribe amount from the possession of the accused respondent in the presence of two independent witnesses.

3. After usual investigation, the police filed a charge sheet against the accused in the offence under Sections 7 and 13(1)(d)(2) of the `Act, 1988' where













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