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TMI Blog1998 (1) TMI 524X X X X Extracts X X X X X X X X Extracts X X X X ..... gal, Advocates for the respondent. J U D G M E N T M.K. MUKHERJEE, J. The respondent was tried for and convicted of the offences under Section 161 of the Indian Penal Code and 5(2) read with 5(1) (d) of the Prevention of Corruption Act, 1947 by the Special Judge (Vigilance), Sambalpur for accepting a sum of ₹ 500/- as illegal gratification from Mohd. Ushaman (P.W.2), an employe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on shall not be a ground for reversing an order of conviction by the appellate Court unless in the opinion of that Court a failure of justice has in fact been occasioned thereby. The section further lays down that in determining whether any error or irregularity in any sanction for the prosecution has occasioned a failure of justice, the Court shall have regard to the fact whether the objection co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o prosecute him. Since on facts, the concurrent findings of the Courts below are based on proper appreciation of evidence and supported by cogent reasons the judgment of the High Court has got to be reversed. 3. Resultantly, we allow this appeal, set aside the impugned judgment and restore the conviction and sentence recorded against the respondent by the trial Court. The trial Court will now t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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