CRIMINAL APPELLATE JURISDICTION
IN
CRIMINAL APPEAL NO. 895/2018
(@ CRIMINAL APPEAL NOS. 895-896/2018)
This is a petition filed by the accused
no. 2/respondent no. 1 to modify the judgment dated
17.7.2018 in Criminal Appeal Nos. 895-896/2018. In
paragraph (3) of the judgment, the accused no. 2/respondent
no. 1 has been stated to be the Government servant, which is
not factually correct. Though, the accused no. 2/respondent
no. 1 is not a Government servant, bribe amount in currency
notes of Rs.500/- were recovered from him only; there were
signs of anthracene powder noticed from the shirt pocket of
the accused no. 2/respondent no. 1. Considering the fact
that currency notes were recovered form the accused no.
2/respondent no. 1, in our view, the ingredients of Section
8 of the Prevention of Corruption Act, 1988 are established.
DEEPAK GUGLANI The conviction of the accused no. 2/respondent no. 1 under Sections 7 and 13(1)(d) read with 13(2) of the Prevention of
Corruption Act, 1988 is modified as the conviction under
Section 8 of the said Act, and the sentence of one year
imposed is reduced to six months.
The judgment shall be modified accordingly.
[Ranjan Gogoi]
[R. BANUMATHI New Delhi; December 7, 2018.
M.A. No. 2597/2018 in Criminal Appeal Nos. 895-896/2018
Date : 07-12-2018 This matter was called on for hearing today.
For Petitioner
Ms. Hemantika Wahi, Adv. (AOR)
Ms. Jesal Wahi, Adv.
Ms. Puja Singh, Adv.
Ms. Vishakha, Adv.
For Respondent/ Applicant Mr. Parthiv Goswami, Adv.
Mr. Pradhuman Gohil, Adv.
Ms. Taruna Singh Gohil, Adv.
Mr. Vikash Singh, AOR
Mr. Himanshu Chaubey, Adv.
Ms. Tanvi Bhatnagar, Adv.
UPON hearing the counsel the Court made the following
The judgment dated 17.7.2018 in Criminal Appeal
Nos. 895-896/2018 is modified in terms of the signed
reportable order.
M.A. No. 2597/2018 is accordingly disposed of.
(Deepak Guglani) (Anand Prakash)
Court Master Court Master (signed reportable order is placed on the file)