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2021 Supreme(J&K) 514

SANJAY DHAR
Ghulam Mohammad Dar – Appellant
Versus
State of J&K Through Vok Srinagar – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. B.A. Bashir, Sr. Advocate with Ms. Falak Bashir, Advocate
For the Respondent: Mr. B.A. Dar, Sr. AAG

JUDGMENT :

Sanjay Dhar, J.-The Appeal is directed against the judgment dated 05.10.2015 passed by learned Special Judge Anti-corruption, Kashmir, Srinagar (hereinafter referred to as the trial court) whereby appellant has been convicted for the commission of offences punishable under Section 5(1)(d) read 5(2) of J&K Prevention of Corruption Act [ for short “the PC Act”] and Section 161 of RPC. Vide the impugned judgment, the appellant has been sentenced to undergo simple imprisonment for one year for offence under Section 5(1)(d) read with 5(2) of the PC Act and to pay a fine of Rs.10000. He has further been sentenced to undergo six months imprisonment for offence punishable under Section 161 RPC. Both the sentences have been directed to run concurrently.

2. The facts giving rise to the filing of this appeal are that complainant-PW Abdul Majeed Misgar approached Vigilance Organization, Kashmir, with a written complaint alleging therein that the accused had demanded illegal gratification of Rs.2000/- for processing his GP fund case. On the basis of this complaint, FIR No.16/2004 for offences under Section 5(1)(d) read 5(2) of the PC Act and Section 161 of RPC came to be registered,

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