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2023 Supreme(SC) 241

ABHAY S. OKA, RAJESH BINDAL
Neeraj Dutta – Appellant
Versus
State (Govt. of N. C. T. of Delhi) – Respondent


Advocates appeared:
For the Appellant(s) : Mr. S. Nagamuthu, Sr. Adv. Mr. Satinder S. Gulati, Adv. Mr. Raj Kishor Choudhary, AOR
For the Respondent(s): Ms. Aishwarya Bhati, A.S.G. Ms. Manisha Chava,Adv. Ms. B.L.N.Shivani,Adv. Ms. Shivika Mehra,Adv. Ms. Poornima Singh,Adv. Mr. Nitin Pavuluri, Adv. Mr. Shreekant Neelappa Terdal, AOR

JUDGMENT :

Abhay S. Oka, J.

FACTUAL ASPECTS

1. The appellant was convicted by the Special Judge, Delhi for the offences punishable under Section 7 and clauses (i) and (ii) of Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (for short, ‘the PC Act’). The co-accused, Mr. Yogesh Kumar, was convicted by the Special Judge for the offence punishable under Section 12 of the PC Act. The co-accused was acquitted by the High Court. The appellant was sentenced to undergo a rigorous imprisonment for a period of three years and to pay a fine of Rs.15,000/- for the offence punishable under sub-section (2) of Section 13 of the PC Act. For the offence punishable under Section 7, she was sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.5,000/-. Sentences in default of payment of fine were also imposed. The conviction of the appellant has been upheld by the High Court by the impugned judgment.

2. The complainant – Mr. Ravijit Singh died before the trial commenced. In fact, PW7, the Investigation Officer, deposed that the complainant was murdered. In his complaint, the complainant stated that he was doing business of sale and purchase o


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