SUBE SINGH Vs. C.B.I.

JUDGEMENT

(1.) In this appeal filed under Sec. 374(2) of the Code of Criminal Procedure, 1973, (the Cr.P.C.), accused no. 1 (A1) in C.C. No. 60/2001 on the file of the Court of Special Judge (CBI), Delhi, assails the judgment dtd. 10/11/2006 and order on sentence dtd. 13/11/2006 as per which he has been convicted and sentenced for the offences punishable under Sec. 120-B of the Indian Penal Code (the IPC) and Sec. 13(1)(d) read with Sec. 13(2) of the Prevention of Corruption Act, 1988 (the PC Act).

(2.) The case of the prosecution is that in the year 1993, the accused persons four in number entered into a criminal conspiracy to get passports of A3 and A4 issued, by furnishing false information and forging documents. A2 filled up the passport application forms of A3 and A4 wherein the accused persons mentioned different and false addresses and submitted the said forms to the passport authorities. At that time A1 was posted as Assistant Sub Inspector (ASI), Special Branch, Delhi Police and was assigned the task of conducting detailed police verification of the personal particular forms of A3 and A4. A1 in continuation of the conspiracy above-mentioned, prepared and submitted false verification reports certifying that the particulars mentioned in the forms were correct and accordingly passports were issued on the basis of forged ration cards and the fictitious verification report prepared by A1.

(3.) On 26/4/1995, the Central Bureau of Investigation (CBI) received secret information based on which RC No. 33(A)/95-DLI, that is, Ext. PW18/A FIR was registered alleging the commission of offences punishable under Ss. 120-B read with 420, 467, 468, 471 IPC, Ss. 13(2) read with 13(1)(d) of the PC Act and Sec. 12 of the Passport Act.