C M GIRISH BABU Vs. CBI COCHIN

JUDGEMENT

(1.) Leave granted.

(2.) The appellant along with Accused No. 1 was tried for offences under Section 120B of IPC read with Section 7 and 13(2) read with 13(1)(d) of Prevention of Corruption Act, 1988 (hereinafter referred to as "the said Act") by Special Judge (SPE/CBI)-I, Ernakulam who by his judgment dated 30th March, 2002 convicted the appellant for the offence punishable under Section 7 read with Section 13(1)(d) and 13(2) of the said Act. He was acquitted of the charge under Section 120B of the IPC. The appellant was accordingly sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 20,000. In default for payment of fine the appellant was further ordered to undergo rigorous imprisonment for a further period of six months for the offence punishable under Section 13(1) read with Section 13(2) of the said Act. He was also sentenced to undergo rigorous imprisonment for two years for the offence punishable under Section 7 of the said Act. The substantive sentences were directed to run concurrently.

(3.) The appellant preferred an appeal to the Kerala High Court at Ernakulam, which dismissed the appeal by its judgment dated 28th November, 2007. However, the Appellate Court reduced the substantive sentence to that of one year only. The High Court acquitted the first accused of all the charges against which State preferred no appeal. This appeal is brought, by special leave against the judgment of the High Court.