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2023 Supreme(MP) 139

VIVEK RUSIA
Chandra Shekhar – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates:
Vijay P. Saraf for appellant;
Vaibhav Jain for respondent/State.

JUDGMENT

1. The appellant has filed this appeal under section 374 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) being aggrieved by the judgment dated 26.2.1999 passed by the learned First Additional Sessions & Special Judge (under Prevention of Corruption Act, 1988) Indore, District Indore (MP) in Special Sessions Trial No.06/1997, whereby he has been convicted for charges of corruption punishable under section 7 and section 13 (1) (d) read with section 13 (2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the Act) and sentenced to undergo one-year rigorous imprisonment and fine of Rs.500/- in each section along with default stipulation. The prosecution story in nutshell is, as under :--

2. Complainant-Bondar S/o GhasiramMandloi (PW-2) made a written complaint on 21.8.1997 to the Superintendent of Police, Special Police Establishment, Lok Ayukta, Indore that he is the owner of agriculture land bearing Survey Nos.522 and 523, Patwari Halka No.35, Village Pedami, Post Kampel, Tahsil & District Indore (MP); and he is cultivating the said land since last so many years. In the said land, there is no Public Road, but Chandra Shekhar H

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