NALLAPPA GOPALSWAMY Vs. STATE

JUDGEMENT

(1.) On the complaint dated 23.11.1998 [EX-P145] given by B.Ramachandra Rao [PW-19], the Chief General Manager, State Bank of India, Chennai, the Superintendent of Police, CBI registered a case in R.C.No.6[E]/1998, on 25.11.1998, against Nallappa Gopalswamy [A1] and Rahamathulla [A2] and after completing the investigation, filed a final report in C.C.No.7 of 2000, before the Special Court for CBI Cases, Madurai, against accused Nos. 1 to 3 for the offences under Sections 120-B r/w 409, 420, 467, 468 and 471 IPC and Sections 13 [2] r/w 13[1][C] & [d] of the Prevention of Corruption Act , 1988 and substantive offences under Sections 409 , 467 , 468 , 471 r/w 467 IPC and Section 13(2) r/w 13(1)(c) : 13(2) r/w 13(1)(d) of the Prevention of Corruption Act , 1988 against Gopalswamy [A-1] and Section 420 IPC against Rahamathulla [A2] and M/s.Evershine Air Travels Private Limited [A3].

(2.) On the appearance of the accused, they were furnished with the copies of the relied upon documents under Section 207 Cr.PC., and the trial Court framed eight charges against them for the aforesaid offences and when questioned, they pleaded not guilty. In order to prove the case, the prosecution examined 24 witnesses and marked 183 exhibits. When the accused were questioned about the incriminating circumstances appearing against them under Section 313 Cr.PC., they denied the same and gave some explanation, which will be discussed later. One witness, Venkataraman [DW-1] was examined on behalf of the accused and three exhibits were marked. After hearing either side and considering the evidence on record, the Trial Court, by the impugned judgment in C.C.No.7 of 2000, dated 17.08.2004, convicted the accused and sentenced them as follows:- Accused Section of Law Sentence of imprisonment Fine amount

(3.) Heard Mr.R.Anand, learned counsel appearing for the first accused and Mr.A.Padmanabhan, learned counsel appearing for the accused Nos.2 and 3 and Mr.C.Ashok Kumar Gowtham, learned Special Public Prosecutor appearing for the respondent.