BABU LAL JOKCHAND Vs. STATE OF M.P

JUDGEMENT

(1.) Heard through video conferencing on IA No.10501/2019 i.e. an application for suspension of sentence on behalf of the appellant.

(2.) Appellant has filed the present appeal being aggrieved by the judgment dated 27.09.2019 passed by Special Judge (PC Act), Dewas whereby he has been convicted under section 7 & 13 of the Prevention of Corruption Act (hereinafter referred to as 'the PC Act ') and sentenced to undergo 4-4 years RI with fine of Rs.10,000/-; in default of payment of fine, further RI for 6 months. Facts of the case, in short, are as under:

(3.) After some time the complainant made a representation to the S.P Lokayukt for implicating Praveen Retrekar (Accused no.2) who was posted as a Teller (Ganak) in the Govt. Middle School, Tonkkhurd. According to the complainant, Praveen Retrekar was also associated with the appellant Babulal for the demand of the bribe amount. At the time of filing Challan, the prosecution added the name of Praveen Retrekar as an accused No.2. To prove the charges, the prosecution examined 10 witnesses and got exhibited the documentary evidence. In defence, the appellant examined two witnesses viz. Arjun Singh and Chandrabhan Kewat. Learned Special Judge framed 7 issues for adjudication. After appreciating the evidence came on record, vide judgment dated 27.09.2019 learned Special Judge has acquitted accused Praveen Retrekar but convicted and sentenced the present appellant, as is stated above.