LAWS(MPH)-2020-3-154

ANIL KUMAR SHUKLA Vs. STATE OF MADHYA PRADESH

Decided On March 02, 2020
ANIL KUMAR SHUKLA Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) This appeal has been preferred against the judgment dated 31/12/2019 passed by Special Judge, (Prevention of Corruption) Act , Sehore in Special Case No.05/2017 whereby learned Special Judge found the appellant guilty for the offence punishable under Sections 7 , 13(2)(d) read with Section 13(1) (d) of the Prevention of Corruption Act and sentenced him to undergo R.I. for three years and 4 years with fine of Rs.5,000/- and Rs.7000/- respectively with default stipulation.

(2.) Learned counsel for the appellant submitted that learned trial Court without appreciating the evidence properly, wrongly convicted the appellant for the aforesaid offences. From the prosecution evidence demand of bribe is not proved. Even the acceptance of bribe is also not proved. There are several omissions and contradictions in the evidence adduced by the prosecution. Appellant is in custody since the date of his judgment i.e. 31/12/2019. Hence prayed for suspension of the jail sentence and release of the appellant on bail since the hearing of this appeal will take time.

(3.) On the other hand, learned counsel for the respondent opposed the prayer and submitted that the guilt of the appellant was proved beyond reasonable doubt, therefore, learned trial Court has rightly convicted and sentenced the appellant.