R K PATHAK Vs. STATE (CBI)

JUDGEMENT

(1.) The appellants in these connected appeals were brought before the Special Judge (Prevention of Corruption Act) in criminal case (CC no.86/99) on the basis of report (charge-sheet) under Section 173 of the Code of Criminal Procedure, 1973 (Cr.PC), upon conclusion of investigation into first information report (FIR) vide RC no.54(A)/92- DLI of Central Bureau of Investigation (CBI), put on trial on charge for offences punishable under Section 120B of Indian Penal Code, 1860 read with Section 13(2) of Prevention of Corruption Act, 1988 (P.C. Act), besides substantive offences under Section 7 and 13(1)(d) read with Section 13 (2) of P.C. Act. By judgment dated 30.08.2000, they were held guilty and convicted, as charged. By order dated 31.08.2000, the trial court awarded rigorous imprisonment for two years with fine of Rs.5,000/-, and in default to further undergo rigorous imprisonment for six months, for the offence of criminal conspiracy under Section 120 B IPC read with Section 7 & 13(1)(d) punishable u/s 13(2) PC Act to appellant Pradeep Sharma (A1). Similarly, the appellant R.K. Pathak (A2) was sentenced to undergo rigorous imprisonment of two years and three years respectively on the charge for offences under Sections 7 and 13(2) of P.C. Act, 1988 with fine of Rs.5,000/- each, on both counts, the substantive sentences having been directed to run concurrently.

(2.) These appeals were presented in September 2000 bringing challenge to the correctness, legality and propriety of the said judgment and order on sentence. The sentences were suspended and the appellants were enlarged on bail pending hearing on the appeals which was admitted and directed to come up in due course. The appellant Pradeep Sharma (A1), however, died on 15.02.2016. On her application (Crl. M.A. 7480/2016), his wife, Mrs. Narinder Sharma, has been permitted, by order dated 06.05.2016, to prosecute the appeal.

(3.) Certain indisputable facts which emerge from the evidence on record, and the submissions of both sides, may be taken note of at the outset.