(1.) THIS appeal is directed against the judgment of the Special Judge, P. C. Act, East and North Sikkim at Gangtok dated 22-10-2008 in S.T. (Vigilance) Case No.1 of 2004 by which the appellant has been convicted under Section 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act, 1988, (hereinafter referred to as the 'P. C. Act, 1988') and sentenced to undergo simple imprisonment of one year with a fine of Rs.5,000/- (Rupees five thousand) which if not paid to undergo further imprisonment for three months.
(2.) THE facts of this case briefly are as follows:-
(3.) DURING course of the trial, the prosecution examined as many as 126 (one twenty six) witnesses and exhibited 458 documents and the appellant in his defence examined 9 (nine) witnesses and exhibited 82 documents and, upon consideration of the materials and evidence on record, the Special Judge found the appellant guilty of the charges under Section 13(1)(e) read with Section 13(2) of the P. C. Act, 1988 and convicted and sentenced him by the impugned judgment and order.