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2013 Supreme(HP) 944

DHARAM CHAND CHAUDHARY
BAHADUR SINGH – Appellant
Versus
STATE OF HIMACHAL PRADESH – Respondent


Advocates:
Advocate Appeared:
For the Appellant :G.D. Verma, Senior Advocate with B.C. Verma, Advocate,
For the Respondent: D.S. Nainta, and Virender Verma, Addl. A.Gs., with Pushpender Jaswal, Dy. A.G.

JUDGMENT :

DHARAM CHAND CHAUDHARY, J.

1. Learned Special Judge, Solan has convicted appellant Bahadur Singh, hereinafter referred to as the accused, under Section 7 and 13 (1) (d) read with section 13 (2) of the prevention of Corruption Act, hereinafter referred to as 'the Act' in short, and sentenced him to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. 10,000/- for the offence punishable under Section 7 of the Act and rigorous imprisonment for one year and to pay a fine of Rs. 20,000/- under Section 13 (1)(d) read with Section 13 (2) of the Act. While holding the accused guilty of demanding illegal gratification amounting to Rs. 20,000/- on account of supplying the copies of revenue record, when he was posted as Patwari, Patwar circle, Jheera, Tehsil Nalgarah, District Solan and supply of such record on 29.7.2008 after acceptance of amount aforesaid being not his legal remuneration and rather illegal gratification from the complainant Ved Prakash (PW-1), which otherwise was part of his official duties and for that he should have not received any such amount, he, therefore, has been found to have misused his official position by obtaining Rs. 20,00

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