LAWS(BOM)-2017-9-109

BHIMRAJ SAGAR Vs. CENTRAL BUREAU OF INVESTIGATION

Decided On September 06, 2017
Bhimraj Sagar Appellant
V/S
CENTRAL BUREAU OF INVESTIGATION Respondents

JUDGEMENT

(1.) This is an appeal against the judgment and order of conviction passed by Special Judge, C.B.I., Court, Mapusa, Goa on 16.12.2013, convicting the appellant of an offence punishable under Section 13(1)(e) of the Prevention of Corruption Act, 1988 read with Section 13(2) of the said Act and sentenced him to undergo simple imprisonment for a period of two years with fine of Rs.20,000/- and in default, to undergo simple imprisonment for six months.

(2.) The prosecution case, in brief, can be stated as follows:-

(3.) Initially, the appellant was tried and was given a benefit of doubt by the then Special Judge, South Goa, by the judgment and order dated 1.12.2004. In an appeal preferred by the State, bearing Criminal Appeal No. 12/2006, this Court remanded the matter to the Special Judge at Margao, mainly on the ground that the learned Special Judge did not properly marshal the evidence and did not give findings, by considering all the oral and documentary evidence, led by both sides.