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Showing contexts for: section 84 crpc in Trilochan Kapoor Sharma vs State Of Sikkim on 2 May, 2023Matching Fragments
4. The questions that fall for consideration before this Court are;
(i) Whether the Appellant is entitled to the benefit of Section 84 of the Cr.P.C.?
(ii) Whether the Sanction for Prosecution is valid?
(iii) Whether the Appellant had committed the offences as charged?
(i) Before dealing with the afore framed questions, the facts are briefly being narrated herein, to comprehend the matter in its entirety. The Prosecution case is that the Vigilance Department, Government of Sikkim, on receipt of a reference from P.W.8, Director General-cum-Secretary, DESM&E, Government of Sikkim, alleging that the Appellant on the strength of forged and fabricated documents created false entities, purporting to be one Trilochan Kapoor Sharma vs. State of Sikkim Priya Sharma, LDC and one Ranjit Rai, MR Driver, fraudulently prepared salary bills in their names and misappropriated the money. A preliminary enquiry was conducted by P.W.43 of the Vigilance Department, which revealed that the DESM&E had received two transfer Orders sometime in the month of January, 2012. The first one pertaining to one Priya Sharma, LDC, (Exhibit