C M SHARMA Vs. STATE OF A P

JUDGEMENT

(1.) THE appellant, at the relevant time was posted as Deputy Chief Engineer, Railway Electrifications, South Central Railway. He was put on trial for commission of the offences under Section 7 and 13(1 )(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (here in after referred 'the Act'). Special Judge for CBI cases at Visakhapatnam by judgment and order dated 15.2.1999 passed in C.C. No. 17 of 1997 held him guilty of the aforesaid offences and sentenced him to undergo rigorous imprisonment for a period of one year and fine of Rs.2,000/-, in default to suffer simple imprisonment for three months for the offence under Section 7 of the Act. THE appellant was further sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.2,000/-, in default to suffer simple imprisonment for three months for the offence under Section 13(1)(d)(ii) read with Section 13(2) of the Act. Both the substantive sentences were directed to run concurrently.

(2.) AGGRIEVED by the same he preferred appeal and High Court by its judgment dated 29.7.2005 passed in Criminal Appeal No. 499 of 1999 had affirmed the conviction and sentence of the appellant and dismissed the appeal. AGGRIEVED by the same the appellant has preferred this appeal with the leave of the Court.

(3.) THE trial Court on appreciation of the evidence came to the conclusion that the prosecution has been able to prove its case beyond all reasonable doubt. While doing so it considered the defence version and rejected the same. Accordingly the appellant was convicted and sentenced as above by the trial Court, which has been affirmed in appeal by the High Court.