SHABBAN Vs. C B I

JUDGEMENT

(1.) THESE appeals are directed against the judgment dated 30th January 2010 passed by the learned Special Judge in Corruption Case No. 78 of 1998, convicting the accused/Appellants for the offence under Sections 120B of the Indian Penal Code,1860 ("IPC") read with Section 420 IPC and Section 13 (2) read with Section 13 (1) (d) of the Prevention of Corruption Act, 1988 ("PC Act") and Section 25/27 of the Indian Telegraph Act, 1955 ("IT Act"). Additionally, Fahim Ahmed Abbassi (A -1) [the Appellant in Criminal Appeal No. ("Crl.A") 142 of 2010], Ashok Kumar (A -2) [the Appellant in Crl. A. No. 141 of 2010] and Mehmood Ahmed (A -3) [the Appellant in Crl.A. No. 140 of 2010] were convicted for substantive offence under Section 420 IPC and Jharkhandi Rai (A -5) [the Appellant in Crl.A.No. 139 of 2010]was convicted for substantive offence under Section 13(2) read with Section 13(1) (d) of the PC Act and Section 25/27 of the IT Act.

(2.) THESE appeals are also directed against the order on sentence dated 8th February 2010 whereby all the Appellants were awarded one year's rigorous imprisonment ("RI") along with a fine of Rs.10,000each and in default to undergo simple imprisonment ("SI") for two months for the offence under Section 120 B IPC read with Section 420 IPC and 13(2) read with Section 13(1) (d) of the PC Act and an identical sentence for the offence under Section 25/27 of the IT Act. Fahim Ahmed Abbassi, Ashok Kumar and Mehmood Ahmad were awarded two years' RI with a fine of Rs.40,000 each and in default to undergo SI for two months for the offence under Section 420 IPC. Jharkhandi Rai was awarded two years' RI along with a fine of Rs.20,000 and in default to undergo SI for two months for the offence under Section 13(2) r/w Section 13 (1) (d) of the PC Act. All the sentences were directed to run concurrently.

(3.) AT the time of admission of these appeals, the sentences awarded to the Appellants were directed to remain suspended. The case of the prosecution