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UMAR FAROOQ, ASSISTANT PROFESSOR BOTANY versus STATE


Section 409 Corruption Prevention Act (II of 1947), section 5 (2) criminal breach of trust by public servants, defining criminal misconduct evidence as the basis for reduction of punishment, pensionary benefits Obtaining the scope suspect, who was a professor at a government college, allegedly embezzled college funds, the trial court sentenced the accused under section 409, PPC and sentenced him to 4 years imprisonment. 100,000 accused were also convicted under Section 5 (2) of the Prevention of Corruption Act, 1947 and sentenced to 2 years imprisonment with a fine of Rs 50,000. The accused submitted an affidavit during the investigation. During which he acknowledged the commission of the crime was submitted to the investigating suspect, along with the audit report, all the witnesses of the prosecution who were involved with the audit report confirmed that the embezzlement was confirmed through the case record. There was no doubt that the accused prosecution had proved beyond any doubt that the accused had served in the education department for the last 30 years. Was on the verge of retirement. In the present case, according to his conviction, he had lost his pensionary benefits; his punishment was an additional basis for depriving the accused of pension benefits on the grounds that he demanded punishment. Out of the accused under Section 940 under for more than four months in jail, the PPC was reduced to one year in prison, while the Prevention of Corruption Act (Section 2 of Section 5). Was also allowed a one year imprisonment with a penalty appeal

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