CBI Vs. RAJINDER KUMAR MALHOTRA

JUDGEMENT

(1.) BY the present appeal under Section 377(2) of Cr.P.C. appellant prays for enhancement of the sentence awarded by the learned ACMM, Tis Hazari Courts by order dated 29.10.2004, by which respondents were ordered to undergo sentence till rising of the court and pay fine of Rs.5,000/ - each under each head i.e. under Section 420/120 -B IPC and Section 5 of the Import and Export (Control) Act, 1947 on each accused; and in default of payment of fine, both the accused were to undergo simple imprisonment for three (3) months each. The case of the prosecution, as noticed by the trial court is that:

(2.) IT is also the case of the prosecution that after receipt of the finances, the raw material was imported but the finished products were not exported. In this case 33 witnesses were examined and respondents no.2 and 3 herein were found guilty and they were convicted for the offence punishable under Section 120 -B read with section 420 IPC and section 5 of the Import and Export (Control) Act.

(3.) COUNSEL for the respondents jointly submit that respondent no.1 is over 75 years of age and he is suffering from various ailments. Respondent no.2 is also a senior citizen, and both of them have faced trial for more than 18 years and they also remained in custody for over two months in this case.