AKILA RAMACHANDRA PRASAD Vs. STATE

JUDGEMENT

(1.) THE appellant is the first accused in C.C. No. 30 of 1996 on the file of the Court of Special Judge for CBI cases, Madurai. The appellant/first accused was tried along with his wife/second accused and his sons/accused 3 and 4 and two other private individuals, arrayed as accused 5 and 6, in the above said calendar case. Accused 1 to 6 were charged for the commission of offences punishable under Sections 120B I.P.C. and the appellant/first accused was charged for the commission of offence punishable under Section 13(2) r/w. 13(1)(e) of the Prevention of Corruption Act, 1988 [in short "PC Act"]. The Trial Court, vide impugned judgment dated 24.06.2005, has acquitted the accused 2 to 6, but convicted the appellant/first accused for the commission of the offence under Section 13(2) r/w. 13(1)(e) of the PC Act and sentenced him to undergo rigorous imprisonment for two years and to pay fine of Rs. 20,000/ - in default to undergo rigorous imprisonment for six months. The trial Court has also ordered confiscation of the properties, keeping in mind the value of the disproportionate assets. The appellant/first accused, aggrieved by the conviction and sentence awarded by the trial Court, has filed this appeal. The respondent/Central Bureau of Investigation (CBI) did not file any appeal challenging the acquittal of accused 2 to 6.

(2.) FACTS leading to the filing of this appeal, briefly narrated, are as follows. This Court, for the sake of convenience, refers the accused as per their rank in the trial Court.

(3.) THE learned counsel appearing for the appellant, on merits of the case made the following submissions: