MOHD KAUSAR ANSARI Vs. STATE OF U P

JUDGEMENT

(1.) UNDER consideration in the instant appeal is the sustainability of the judgment and order dated 25.10.2007 passed by the Special Judge Anti Corruption (West) Lucknow in Criminal Case No. 16 of 2000 arising out of R.C. No. 29 (A)/99 whereby the appellant was convicted for the offence under Section 7 and 13 (2) read with Section 13 (1)(d) of the Prevention of Corruption Act. For the offence under Section 7 of the Prevention of Corruption Act, the appellant was sentenced to undergo rigorous imprisonment for a period of one year and also with fine of Rs. 1,000/ - with default stipulation of one month additional imprisonment. For the offence under Section 13 (2) read with Section 13 (1)(d) of the Prevention of Corruption Act, he was sentenced to undergo rigorous imprisonment for a period of five years and also with fine of Rs. 5,000/ - with default stipulation of six months additional imprisonment.

(2.) IN brief, the facts necessary for the instant appeal may be summed up as under: -

(3.) IN order to prove its case the prosecution has examined PW -1 Rameshwar Prasad Meena, who has given sanction to prosecute. PW -2 Kaushal Kishore, the complainant. PW -3 Durga Prasad, who was appointed by the department as Lambardar to do all the formalities on behalf of the farmers and to get the license and to distribute the said licenses to the farmers. He was a link between office and farmers. This witness happens to be the real brother of the complainant. PW -4 Samuel Singh, is the shadow witness. PW -5 Jayant Kashmiri, Deputy S.P., C.B.I. He was the leader of the trap team. PW -6 R.N. Dwivedi, who has conducted the investigation.