(1.) The instant appeal filed, on behalf of the accused-appellant, is directed against the judgment and orders dated 30th November, 2015 passed by Special Judge (Prevention of Corruption Act) Court No. 5, Gorakhpur in Special Case No. 48 of 2008 (State v. Ramji Yadav) whereby the appellant has been convicted under Section 7 of the Prevention of Corruption Act, 1988 and punished with rigorous imprisonment of three years and fine of Rs.10,000/-, in default of payment of fine, he has been further directed to undergo imprisonment of four months, under section 13(1)(d) r/w section 13(2) of the said Act he has been convicted and sentenced to undergo rigorous imprisonment of four years and to pay fine of Rs. 20,000/-, failing which to undergo additional imprisonment of six months.
(2.) Heard Sri Kamal Krishna, Senior Advocate, assisted by Sri Pradeep Kumar Rai, learned counsel appearing for the appellant, Sri V.P. Singh Kashyap, learned Additional Government Advocate for the State-respondent and perused the lower court record.
(3.) The facts giving rise to the present appeal may be noticed as under :