VIJAYENDRA KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) We have heard counsel for the parties.

(2.) In this appeal by special leave, the appellant has challenged the judgment and order of the High Court of Judicature at Patna dated 21st May, 1999 in Criminal Appeal No. 68 of 1989. The learned Judge of the High Court affirmed the judgment and order of the Special Judge, C.B.I, dated 4th February, 1989 in Special Case No. 11/1982 whereby the appellant was found guilty of the offence under Section 409 IPC and sentenced to one year rigorous imprisonment and a fine of Rs. 10,000/-, in default to undergo six months rigorous imprisonment, and to one year rigorous imprisonment under Section 477-A IPC. Though it affirmed the conviction for the offences under Sections 5(1)(c) and 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act, 1957, no separate sentence was passed.

(3.) We have gone through the judgment of the High Court as also the judgment of the trial Court. We find that in the judgment of the High Court, there is hardly any discussion of the evidence on record. This Court has consistently observed that an appeal against an order of conviction preferred by an accused, must be considered by the appellate Court, both on questions of law and questions of fact. While the High Court has the power to dismiss a criminal appeal summarily, that power must be exercised only in a case where there is no arguable question of fact or law.