D B SAMUEL Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) The captioned appeal has been preferred under Section 374 of the Code of Criminal Procedure, 1973 (hereinafter referred to as Code') against the judgment dated 23.08.2002 and sentence dated 24.08.2002 passed by Sh. R.K. Gauba, Spl. Judge, CBI, Delhi. The appellant, who is the accused has been found guilty and convicted in respect of offences attributed to him under Sections 409, 466, 471, 477-A of the Indian Penal Code, 1860 (hereinafter referred to as IPC') and Section 5(2) read with Sections 5(1)(c) and (d) of the Prevention of Corruption Act, 1947 (hereinafter referred to as P.C. Act'). The accused has been sentenced to rigorous imprisonment (RI) for a period of four years and the fine of Rs 2000 on each count. The sentences are to run concurrently. In the event of default in payment of fine on any of the counts the accused is required to undergo a further RI of three months.

(2.) The brief facts in the background of which the present appeal arises are as follows:

(3.) Coming back to the narrative, post the institution of the chargesheet, parties were given opportunity to lead evidence in support of their case. The prosecution examined thirteen (13) witnesses in support of its case while the defence did not present any witness apart from the accused, who recorded his statement under Section 313 of the Code.