N.R. BHAT Vs. STATE

JUDGEMENT

(1.) THE 1st accused in a criminal case in Spl. C.C. 131/00 which was pending on the file of the Court of Additional City Civil Judge (CCH.4), Bengaluru, has filed this appeal under Section 374(2), Cr.P.C. challenging the judgment of conviction and sentence passed against him on 30.9.2006.

(2.) THE respondent -CBI had filed a charge -sheet against this appellant and another accused for the offences punishable under Sections 409, 467, 471, 477 read with Section 120B, I.P.C. and Sections 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988,(hereinafter referred to as the Act, for brevity). After holding a full -fledged trial, the 2nd accused is acquitted and this appellant is convicted for the offences noted above. He is sentenced to undergo RI for a period of 5 years and to pay a fine of Rs.25,000/ - for the offence punishable under Section 409, I.P.C. and to undergo SI for one year and to pay a fine of Rs.5,000/ - for the offence punishable under Section 120B, I.P.C. He is further sentenced to undergo SI for 2 years and to pay a fine of Rs. 1,000/ - for the offence punishable under Section 13(1)(c) of the Act read with Section 13(2) of the Act, and to undergo RI for one year for the offences punishable under Sections 477, 461, 477A, I.P.C. and to pay a fine of Rs. 1,000/ -. It is this judgment of conviction and sentence that is called in question in this appeal on various grounds as set out in the appeal memo.

(3.) THE brief facts leading to the conviction of this appellant are as follows: