SURYA PRATAP SINGH Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) THESE three appeals are directed against the impugned judgment dated 29th May 2010 passed by the learned Special Judge, CBI in CC No. 76 of 2007 convicting the Appellants Chander Kant Verma (A -1), Shakun Grover (A -2) and Surya Pratap Singh (A -3) for the offences under Section 120 -B IPC read with Section 13 (2) read with Section 13 (1) (d) of the Prevention of Corruption Act, 1988 ( 'PC Act ') and additionally convicting A -1 and A -2 for the offences under Section 15 read with Section 13(1)(d) of the PC Act, Section 467 read with Section 120 -B IPC and Section 471 read with Section 120 -B IPC. A -1 and A -2 were further convicted under Sections 417/511 IPC.

(2.) THE appeals are also directed against the order on sentence dated 2nd June 2010 whereby:

(3.) THE case of the prosecution was that by a letter dated 7th February 2005, the Additional Secretary of the Indian Council of Agricultural Research ( 'ICAR '), Government of India, requested the Director, Central Bureau of Investigation ( 'CBI ') to conduct an investigation into a complaint concerning irregularities in the recruitment to posts in the Agricultural Research Services ( 'ARS ') conducted by the Agricultural Scientists Recruitment Board ( 'ASRB ') which was also conducting the National Eligibility Test ( 'NET '). It was pointed out that the ASRB awards certificates to the successful candidates of the NET. The Central Vigilance Commission ( 'CVC ') forwarded to the ASRB an office memorandum ( 'OM ') dated 20th February 2003 alleging irregularities in the NET Examination held in 2001 and the issuance of fake certificates. It was pointed out that ASRB had already carried out a preliminary investigation into the case by this time. A detailed background note was enclosed with the letter. Considering that several private persons and parties were involved, the ASRB decided to entrust the investigation to the CBI. Internal Enquiry by A.S. Bhatia