GHUNNU RAM GAWADE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 11-7-1990 passed by additional Sessions Judge/special Judge, durg, in special Case No. 1/1988 whereby the appellant has been convicted for the offence punishable under Section 5 (2) of the prevention of Corruption Act, 1947 (for short the "act") and Section 161 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year and pay fine of Rs. 500/-, in default of payment of fine to further undergo RI for three months u/s. 5 (2) of the Act and to undergo RI for one year u/s. 161, IPC

(2.) THE judgment of the trial Court is challenged on the ground that without there being any proof of motive or reward and acceptance or recovery of the alleged illegal gratification in breach of mandatory provisions of Section 5 (1) of the Act, learned special Judge has committed an illegality in convicting and sentencing the accused/ appellant as mentioned above.

(3.) HEARD Shri V. G. Tamaskar, learned counsel for the accused/appellant and Ms. Sangita Mishra, Panel Lawyer for the respondent/state and perused the material available on record including the judgment impugned.