TARIT BARAN CHAUDHURY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 17th March, 1988 passed by the learned Judge, Second Special Court, Calcutta in Special Case No.1 of 1977. The learned Court convicted the present appellant under Section 120B/420/465 of the Indian Penal Code, 1860 as well as under Section 5 (1) (d) read with Section 5 (2) of the Prevention of Corruption Act. The Appellant was sentenced to suffer rigorous imprisonment for five years and to pay fine of Rs.50, 000/- in default, to suffer rigorous imprisonment for a further period of one year for the offence under Section 120B/420 of Indian Penal Code and sentenced to suffer rigorous imprisonment for two years for the offence under Section 465 of I.P.C. He was further sentenced to suffer rigorous imprisonment for five years and to pay a fine of Rs.50, 000/- in default, to suffer imprisonment for one year for his conviction under Section 5 (1) (d) read with Section 5 (2) of Prevention of Corruption Act II of 1947. Learned Court directed that all the sentences would run concurrently.

(2.) The prosecution case in brief is: - The appellant/convict,Tarit Baran Chaudhury, was an employee of Dharamtolla Street Branch of the United Bank of India. While working as a clerk between 13th March, 1976 and 24th March, 1976, he entered into a criminal conspiracy with another person namely, Sisir Das and got an account opened in the Bank, in the name of Rabin Mallick for cheating the bank. He obtained an introduction from one D.N.Chowdhury, a constituent of Gangulybagan Branch of the said bank through the Branch Manager, Subodh Kr. Shom. The accused persons managed to get a sum of Rs.53, 894.50/- with four pay-in-slips credited to the account of the said Rabin Mallick.

(3.) Such complaint was lodged on 27th March, 1976. After completion of investigation, the investigating authority submitted charge sheet on 21st January, 1977. Sanction for prosecution was duly obtained. Learned Court framed charge under Section 120B of Indian Penal Code read with Section 420 of I.P.C., under Section 465 of I.P.C. and under Section 5(1) (d) read with Section 5 (2) of the Prevention of Corruption Act on 31st July, 1985. The accused/appellant pleaded not guilty to the said charges and claimed to be tried.