ALOIS SIMON PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Criminal Appeal is filed by the appellant accused convicted and sentenced for the offences punishable under sections 420, 467, 468 and 471 of the Indian Penal Code and also for the offence punishable under section 5(2) R/w Section 5(i)(d) of The Prevention of Corruption Act, 1947 (hereinafter referred to as the Old Act) vide judgment dated 16.09.1988 passed by the Ld. Special Judge, City Civil & Sessions Court, Ahmedabad in Special Case No.5/1987. The charge framed against the accused is at Exh.6 and when the accused has assailed the legality and validity of the judgment and order of sentence, this Court shall have to deal with all relevant aspects pointed out by the accused considering the scheme of section 374 R/w section 386 of CrPC.

(2.) While holding the appellant accused (hereinafter referred to as the accused) guilty for the aforesaid offences, the Ld. Special Judge sentenced the accused to undergo R/I for 1 1/2 Years and to pay fine of Rs.3000/, I/d to further undergo R/I for 6 months for the offence punishable under section 420 of the Indian Penal Code. The Ld. Special Judge awarded similar sentence in respect of offences punishable under sections 467, 468 and 471 of Indian Penal Code. The accused is also awarded sentence to undergo R/I for 1 1/2 Years and to pay a fine of Rs.3,000/, I/d to undergo further R/I for 6 months for the offence punishable under section 5(2) read with section 5(i)(d) of the Old Act. It is ordered that these substantive sentences shall run concurrently. The amount of fine has been paid and at present the accused is on bail granted by this Court (Coram: JP Desai & NB Patel, JJ) vide order dated 27.09.1988 while admitting the appeal preferred by the accused.

(3.) The case of the prosecution is reflected in the charge exh.6. However, to appreciate the arguments advanced by Ld. Counsel Mr. DF Amin for the accused as well as by Ld. Counsel Mr. Ravani appearing for Central Bureau of Investigation (CBI for short) and Ld. Addl. PP Mr. AJ Desai for the State, it would be necessary to state the case of the prosecution in brief.