C UMAPATHY Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal has been preferred seeking to set aside the judgment dated 23.02.2006 passed in C.C. No.2 of 2004 on the file of the Principal Special Court for CBI Cases, Madurai.

(2.) The C.B.I. registered a suo motu F.I.R. in Cr. R.C.MA 12002 A 0051 on 11.10.2002 for the offences under Sections 420, 467, 468, 477-A IPC and 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988 (for brevity "the PC Act") against Umapathy, Deputy Manager, Central Bank of India, for manipulation of records and misappropriation of cash beginning from 09.08.2002, from the accounts of several customers and after completing the investigation, have filed four final reports, viz., C.C. Nos.1 of 2004, 2 of 2004, 3 of 2004 and 4 of 2004 before the Special Court for C.B.I. Cases at Madurai.

(3.) In this appeal, we are concerned with C.C. No.2 of 2004 in which the appellant has been convicted and sentenced on 202.2006 as follows: Provisions of law Sentence 409 IPC 13(2) r/w 13(1)(c), PC Act Rigorous imprisonment for two years + fine of Rs.1,000, in default to undergo simple imprisonment for three months for each of the charges 477-A IPC Rigorous imprisonment for two years The aforesaid sentences of imprisonment have been directed to run concurrently along with the sentence of imprisonment in C.C. No.1 of 2004. As for the offences under Sections 467 IPC, 467 r/w 471 IPC and 13(2) r/w 13(1)(d), PC Act, the appellant has been acquitted.