P.I.BABU Vs. C.B.I.

JUDGEMENT

(1.) The instant appeal is directed against the impugned Judgment passed by the High Court of Kerala at Ernakulam on 25/5/2011 in Criminal Appeal No.1900/2004, whereby the said Court has allowed the said appeal filed by the Central Bureau of Investigation and convicted the appellant - original accused for the offence punishable under Sec. 13(2) of the Prevention of Corruption Act, 1988 (hereinafter, referred to as "PC, Act") as also for the offences punishable under Ss. 409, 465, 467 and 471 of the Indian Penal Code (hereafter referred to as "IPC"). The appellant has been sentenced to undergo rigorous imprisonment for a period of one year for each of the said offences and directed to pay a fine of Rs.50,000.00 for the offences under Sec. 13 (2) read with Sec. 13(1)(c) and Sec. 13(1)(d) of the PC, Act.

(2.) Heard learned Senior counsel, Mr. R. Basant, for the appellant and Mr. Vikaramjit Banerjee, learned Additional Solicitor General for the CBI at length.

(3.) Having considered the submissions made by learned Senior counsel for the appellant and learned Additional Solicitor General for the CBI, more particularly the impugned Judgment passed by the Special Judge, (SPE-CBI) II, Ernakalam in C.C.No.27 of 1998 dtd. 27/11/1999, it appears that the Special Court had raised the following 4 points for consideration in the said Judgment: -