MD. TOUHID ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M.H. Rajbarbhuiya, learned counsel for the accused-appellant. Also heard Mr. K.K. Parasar, learned Additional Public Prosecutor for the State/respondent.

(2.) This is an appeal filed under Sec. 374(2) Cr.P.C. 1973, against the judgment and order dtd. 29/8/2011 passed by the leaned Special Judge, Assam in Special Case No. 1/2009, whereby the appellant has been convicted under Sec. 12 of the Prevention of Corruption Act, 1988(herein after referred to as "P.C. Act,) and sentenced him to undergo rigorous imprisonment for 6(six) months and also to pay a fine of Rs.3,000.00 in default to suffer simple imprisonment for 2(two) months.

(3.) The brief facts of the case is that on 23/9/1998, the informant lodged an FIR before the Superintendent of Police, Darrang, Mangaldoi stating inter alia that on that day at about 8.15 a.m., while he was at Mangaldoi Circuit House in room No. 7 along with the then Executive Magistrate Sri N.D. Patowary. At that time the accused/appellant entered into the said room and identified himself as the father of one Md. Dulu and requested him to delete the name of his son from Mongaldoi P.S. Case No.239/1998 under Sec. 379 I.P.C. who was involved in the said theft case and he offered Rs.500.00 in cash as gratification in presence of said Executive Magistrate Shri N.D. Patowary. Thereafter, the Magistrate Shri N.D. Patorwary interfered in that matter and seized the money from the hand of the appellant.