P.V.RAVI Vs. SPE/CBI KOCHI

JUDGEMENT

(1.) 2nd accused in C.C.No.08/2003 on the files of the Special Judge (SPE/CBI)-I, Ernakulam, impugns the verdict dtd. 24/12/2009 in the said case, whereby the learned Special Judge tried the 2nd accused along with the 1st accused alleging commission of offence punishable under Sec. 120B r/w Sec. 409 of the Indian Penal Code (for short, 'the IPC ' hereinafter) as well as under Sec. 13(1)(c) and (d) r/w Sec. 13(2) of the Prevention of Corruption Act, 1988 (for short, 'the PC Act, 1988 ' hereinafter) and recorded conviction and sentence against accused Nos.1 and 2 finding that both of them committed offences punishable under Sec. 13(1)(d) r/w Sec. 13(2) of the PC Act, 1988 as well as under Sec. 120B of the IPC.

(2.) Heard the learned counsel for the appellant/2nd accused as well as the learned Special Public Prosecutor appearing for the CBI. Perused the verdict of the Special Court and the evidence available.

(3.) Here, the prosecution allegation is that, the 1st accused, who worked as the Branch Manager of Canara Bank, Sulthan Bathery, Wayanad during March, 1999, conspired with the 2nd accused, who is a builder and the 3rd accused, who is the Assistant Engineer of the Panchayat, on the premise of misappropriating a sum of Rs.3.00 Lakh by granting a housing loan in the name of K.Raghavan, residing at Kuniyil Veedu, Chettimoola, Sulthan Bathery, and thereafter, without making any construction of the house, periodical loans were sanctioned to the tune of Rs.3.00 Lakh and the entire amount was encashed by the 2nd accused through his agents.