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GAUHATI HIGH COURT
I. A. Ansari, J.
Pozir Uddin Ahmed v. Union of India (Represented by CBI)
| Table of Content |
|---|
| 1. appeal regarding conviction under corruption charges. (Para 1 , 2 , 3) |
| 2. trial process and examination of witnesses. (Para 4 , 5) |
| 3. failure to examine crucial witnesses affects prosecution. (Para 6 , 7 , 8) |
| 4. discrepancies in evidence affect conviction certainty. (Para 9 , 10 , 11 , 12) |
| 5. burden of proof on prosecution must be met. (Para 19 , 20 , 22) |
| 6. final ruling of acquittal and appeal success. (Para 23 , 24) |
1. This is an appeal against the judgment and order, dated 16.01.2010, passed, in Special Case No. 42 of 2004, by the learned Special Judge, Central Bureau of Investigation (in short, CBI), Assam, Guwahati, convicting the accused - appellant under S.13(2) read with S.13(1)(e) of the Prevention of Corruption Act, 1988 (in short, 'the PC Act'), and sentencing him to undergo simple imprisonment for a period of three years with fine of Rs.5,00,000/- and, in default of payment of fine, undergo simple imprisonment for a further period of 1 ½ years.
2. The case of the prosecution may, in brief, be described as under:
(i) Superintendent of Police, CBI (Anti - Corruption), Guwahati, lodged an Ejahar, on 18.02.97, alleging, inter alia, that while appellant had be
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