SUNIL JHAMLAL BHAVE Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Heard finally by consent of the learned Counsel appearing for the parties. This appeal is preferred against a judgment and order dated 24.12.2013, delivered in Special Case No. 71/2013 by Special Judge, Special Court (CBI), Nagpur thereby convicting the appellant for the offences punishable under Sections 120-B and 420 of the Indian Penal Code.

(2.) The appellant together with 4 other accused persons was tried for offences punishable under Sections 120-B, 420, 467, 471, 477-A of Indian Penal Code, as also Section 3[2] read with 13[1][d] of the Prevention of Corruption Act, 1988. The substance of allegations made against the accused persons was that the accused persons hatched a criminal conspiracy for releasing agent's commission in case of issuance of Insurance Policies to the employees of the Nagpur District Central Cooperative Bank, in a fraudulent manner by using forged documents as genuine, with intention to cheat United India Insurance Company and thereby caused wrongful loss to the insurance company and obtained pecuniary advantage for themselves through corrupt and illegal means.

(3.) Shri R.M. Daga, the learned Counsel appearing for the appellant submits that there is no iota of evidence brought by the prosecution against the appellant and it is only on the basis of conjectures and surmises that the guilt of the appellant has been found by the learned Special Court for offences punishable under Sections 120-B and 420 of the Indian Penal Code. In support he has taken me through the notes of evidence of important witnesses filed on record and also relevant observations of the learned Special Judge in the impugned judgment and order. He submits that this evidence would show that the prosecution has miserably failed to establish the main ingredients of offences of criminal conspiracy and cheating and therefore, the impugned judgment and order deserve to be quashed and set aside and appellant deserves to be acquitted of these offences.