SURENDRA KUMAR Vs. C.B.I.

JUDGEMENT

(1.) This is an appeal filed under Sec. 374 of the Code of Criminal Procedure, 1973 ('the Act') read with Sec. 27 of the Prevention of Corruption Act, 1947 ('PC Act'), seeking to challenge the judgment of conviction dtd. 21/10/2002 passed in CC No. 66/1994 titled CBI v. Surendra Kumar, whereby the Appellant has been convicted for the commission of offences punishable under Sec. 5(l)(d) read with Sec. 5(2) of the PC Act, and Sec. 161 of the Indian Penal Code, 1860 ('IPC') and Order on Sentence dtd. 24/10/2002, whereby the appellant was sentenced for a period of 02 years (two) rigorous imprisonment (RI) for the offences committed under Sec. 161 IPC along with a fine of Rs.7,500.00, in case of default, further RI for 6 months and 03 (three) years RI for the offences committed under Sec. 5(l)(d) read with Sec. 5(2) of the PC Act, along with a fine of Rs.7500.00, in case of default further RI for 6 months. All the sentences were directed to be run concurrently.

(2.) The facts are as under:

(3.) On completion of the investigation, the CBI filed the chargesheet against the appellant for commission of offences under Sec. 5(l)(d) read with Sec. 5(2) of the PC Act, and Sec. 161 of the IPC. After taking cognizance, charges were framed against the appellant, to which he pleaded not guilty and claimed trial.