MD MOINUDDIN AHMED S/O LATE HAJI SARAFAT ALI Vs. STATE OF ASSAM
LAWS(GAU)-2018-1-41
HIGH COURT OF GAUHATI
Decided on January 17,2018

Md Moinuddin Ahmed S/O Late Haji Sarafat Ali Appellant
VERSUS
STATE OF ASSAM Respondents

JUDGEMENT

Hitesh Kumar Sarma, J. - (1.) This criminal appeal, filed under Section 374(2) of the Cr.PC, challenging the judgment dated 14.5.2009, passed in Special Case No. 10(A)/2004, by the learned Special Judge, Assam, Guwahati, convicting the accused-appellant under Section 12 of the Prevention of Corruption Act, 1988 (hereinafter referred to as PC Act.) and sentence him to undergo rigorous imprisonment for 6 months and to pay a fine of Rs. 5,000/- with a default clause.
(2.) The fact leading to the case is that the Su- Divisional Magistrate, Hojai, Sankardevnagar, Sri Alok Khare, IAS, lodged an FIR on 17.1.1995 in the Sankardevnagar Police Station to the effect that the Krishna Cinema Hall of Hojai Town was closed down for non-renewal of its license and for non-payment of Charity money. The accused-appellant who is the owner of the said Krishna Cinema Hall, visited him on 16.1.1995, and told him that he had deposited the entire charity money and had also executed an affidavit seeking permission to allow him to run the Cinema Hall pending renewal of the license, which request was responded in negative by the informant, aforesaid. At that point of time, the accusedappellant told him that he was willing to spend money for getting interim order and then the informant, asked him as to when he could give money to which the accused-appellant responded saying that he would bring the money on 17.1.1995. Accordingly, on 17.1.1995, the accused-appellant visited the chamber of the informant at about 12 noon and offered him Rs. 4,000/- , and at that point of time, he was caught while attempting to bribe the informant by the in-charge of the Sankardevnagar Police Station, in presence of Sri S.K. Das, Executive Magistrate along with one Peon Lakhi and PSO Koch.
(3.) On receipt of the FIR, Lanka Police Station registered a case, investigated into it, collected evidence, and finally, laid the charge-sheet against the accused-appellant under Section 165(A) of the IPC read with Section 12 of the PC Act.;


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