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2020 Supreme(Mad) 373

M.NIRMAL KUMAR
A. Jayabal – Appellant
Versus
State, The Inspector of Police, SBE/CBI/ACB, Chennai – Respondent


Advocates Appeared:
For the Appellant:S. Ashok Kumar, Advocate. For the Respondent: K. Srinivasan, Special Public Prosecutor for CBI Cases.

JUDGMENT

(Prayer: Criminal Appeal filed under Section 374(2) of the Code of Criminal Procedure, to set aside the Judgment in C.C.No.7 of 2009 dated 11.11.2011 passed by the II Additional District & Sessions Judge (CBI Cases), Coimbatore.)

1. This Criminal Appeal arises out of the conviction and sentence rendered by the learned II Additional District Judge (CBI Cases), Coimbatore in C.C.No.7 of 2009 dated 11.11.2011.

2. The appellant was charged for offence under Section 7 and 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988. On conclusion of trial, the trial Court convicted him under Section 7 of Prevention of Corruption Act and sentenced him to undergo one year rigorous imprisonment for one year and to pay a fine of Rs.1,000/-, in default to undergo three months rigorous imprisonment and for offence under Section 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988, the appellant was sentenced to undergo one year rigorous imprisonment and to pay a fine of Rs.1,000/- in default three months rigorous imprisonment. The above sentences were ordered to run concurrently.

3. The brief facts of the case are as follows:-

(i) PW3/the defacto complainant Gerald Pubalan, partner of M/s

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