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S.K.GANGELE, SUBODH ABHYANKAR
Mintu Dubey – Appellant
Versus
Union of India through SP, CBI Jabalpur – Respondent
Subodh Abhyankar, J.
1. This criminal appeal under Section 374 of the Code of Criminal Procedure has been preferred by the appellant being aggrieved of the judgment dated 6/11/2012 passed by the Second Additional Sessions Judge/Special Judge, CBI, Jabalpur in Special Case No.12/2010, whereby the present appellant has been convicted along with other accused R.C.Mishra and is sentenced as under:
Conviction u/s Sentence Default clause
7 of Prevention of Corruption Act RI for 2 years with fine of Rs.10,000/- RI for three months
13(2) of Prevention of Corruption Act RI for 2 years with fine of Rs.1,000/- RI for one month
120-B of IPC RI for 2 years with fine of Rs.500/- RI for one month
2. In brief, the case of the prosecution is that on 21.4.2009 a complaint was filed by the complainant Rakesh Kumar Tiwari (PW-6) before the Central Bureau of Investigation (for short CBI), Jabalpur wherein it was alleged that he is an authorised officer of M/s Rohit Coal Depot, which is registered with Northern Coal-fields Limited (NCL) to participate in the coal auction and in one such auction they had purchased 1000 metric tons of coal. It is further stated by the complainant that the coal, which
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