STATE OF U P Vs. BHAIYA LAL VERMA

JUDGEMENT

(1.) Challenge in this appeal is to the order passed by a learned Single Judge of the Allahabad High Court allowing the criminal appeal filed by the respondent (hereinafter referred to as the 'accused'). The accused was convicted by learned Special Judge (E.C. Act) Banda in Special Case No. 3 of 1985 for offence punishable under Section 5(2) of the Prevention of Corruption Act, 1947 (in short the 'Act'). He was sentenced to undergo rigorous imprisonment for two years and was directed to pay a fine of Rs.5,000/- with default stipulation. He was also convicted for offence punishable under Section 161 of the Indian Penal Code, 1860 (in short the 'IPC') and sentenced to rigorous imprisonment for two years. Both the sentences were directed to run concurrently.

(2.) Background facts in a nutshell are as follows :

(3.) In support of the appeal, learned counsel for the State submitted that the approach of the High Court was clearly erroneous. Recovery of the money has been clearly established.