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JAMMU AND KASHMIR HIGH COURT
G. D. Sharma, J.
Jangi Ram v. State of J. and K.
| Table of Content |
|---|
| 1. appeal initiated due to conviction under the prevention of corruption act. (Para 1 , 2) |
| 2. arguments against prosecution sanction and evidentiary contradictions. (Para 3 , 4 , 5) |
| 3. invalid sanction and lack of corroborative evidence leading to quashing of conviction. (Para 6 , 7 , 8) |
| 4. final decision results in acquittal of the appellant based on insufficient evidence. (Para 9) |
1. This is an appeal against the judgment and order dated 8-9-80 passed by the learned Special Judge, Anti - Corruption, Jammu whereby the appellant herein has been convicted for the commission of offence falling under S.5(2) read with S.5(1)(d) of the Prevention of Corruption Act , 2006 and sentenced to undergo rigorous imprisonment for a period of two years and payment of fine of Rs. 5000/-. In default of payment of fine he has to undergo further imprisonment for a period of two months. The judgment and order has been challenged on the following grounds : -
(i) The sanction for the prosecution of appellant is bad in the eye of law as it has been accorded in a mechanical manner.
(ii) That there was no occasion to demand the amount of alleged recovered money from the complainant and the evid
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