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2020 Supreme(Mad) 365

M.NIRMAL KUMAR
Allimuthu – Appellant
Versus
State By Inspector of Police, Vigilance & Anti Corruption, Chennai – Respondent


Advocates Appeared:
For the Appellant:C.P. Palanichamy, Advocate. For the Respondent: M. Prabhavathy, Additional Public Prosecutor.

JUDGMENT

(Prayer: Criminal Appeal filed under Section 374 of the Code of Criminal Procedure, against the judgment passed in Spl.Case No.2 of 1999 dated 01.07.2011 convicting the appellant by the learned Special Judge cum Judicial Magistrate, Chengalpet and to set aside the same.)

1. This Criminal Appeal arises out of the conviction and sentence rendered by the learned Special Judge cum Chief Judicial Magistrate, Chengalpet in S.C.No.2 of 1999, dated 01.07.2011.

2. On conclusion of trial, the trial Court acquitted the 2nd accused and convicted the appellant/A1 for the offence under Section 7 of the Prevention of Corruption Act, 1988 and sentenced to undergo one year rigorous imprisonment and to pay a fine of Rs.3,000/-, in default, to undergo three months rigorous imprisonment and also convicted him under Section 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988 and sentenced to undergo one year rigorous imprisonment and to pay a fine of Rs.2,000/-, in default, to undergo three months rigorous imprisonment. All the sentenced were ordered to run concurrently, against which the present appeal.

3. The case of the prosecution, in a nutshell, is as follows:-

(i) On 14.03.1995, PW2,

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