2003 Supreme(J&K) 147
Y.P.NARGOTRA
Jagar Nath Kaul – Appellant
Versus
State – Respondent
Advocates Appeared:
Advocate For Appellant: S. Gowhar Ahmad
Advocate For Respondent: M.A. Rathore
This Criminal appeal is directed against the judgement of Special Judge Anti Corruption, Srinagar dated 22. 09. 1980 whereby the conviction of the appellant/accused has been recorded for commission of the offences under section 5(2) Prevention of Corruption Act 2006 and section 161 RPC and the accused has been sentenced to undergo of one years rigorous imprisonment and a fine of Rs. 500 and in case of default in payment of fine three months further simple imprisonment in respect of each of the offences both the sentences have been ordered to run concurrently. The case of the prosecution in nutshell is that the accused was working as Establishment clerk in the office of Chief Engineer R&B. PW-1 was working as Work Supervisor in Sopore Division of R&B wherefrom his case for payment of gratuity had been prepared and sent to the office of Accountant General who had returned the same to the office of Chief Engineer for Completion. PW-1 when came to know about the same he went towards the settlement of his gratuity case the office of the Chief Engineer, and there he sought the help of the accused. The accused demanded Rs. 100/- as illegal gratification however deal was struck at Rs. 50/-
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