UMESH MANAN Vs. STATE OF M.P.

JUDGEMENT

(1.) Leave granted.

(2.) The appellant herein was roped in with the charges under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the 'PC Act '). Being a public servant within the meaning of Section 21 of the Indian Penal Code (IPC), sanction for prosecution was also accorded by the competent authority. The appellant stood trial. Trial Court returned the verdict of acquittal, holding that prosecution has failed to prove its case beyond doubt. In the appeal filed by the respondent/State against the said acquittal, the High Court overturned the judgment of exoneration that was given by the trial court, holding the appellant to be guilty of the aforesaid offences. After convicting the appellant, the High Court has awarded rigorous imprisonment (RI) for one year and fine of Rs.1,000/- or to suffer RI for three months in default under Section 7 of the PC Act. Identical sentence is awarded under Section 13(1)(d) read with Section 13(2) of the PC Act with the direction that both the sentences are to run concurrently.

(3.) In this backdrop, this Court is called upon to decide as to whether the judgment of the High Court is correct or the view taken by the trial court was justified in law.