SUJIT KUMAR PANDEY Vs. C.B.I

JUDGEMENT

(1.) These two appeals are by two accused persons who stood trial in Special Case No.2 of 2004 initiated by the Central Bureau of Investigation, CBI for short. The appellant No.1 stand convicted and sentenced for committing offence found to be punishable under Sec. 7 and under Sec. 13(2) read with Sec. 13(1)(d) of the Prevention of Corruption Act and the appellant No.2 stand convicted and sentenced for committing offence punishable under Sec. 120B of the Indian Penal Code with Ss. 7 and 13(2) with 13(1)(d) of the Prevention of Corruption Act, hereinafter described as the said Act.

(2.) Charges were framed against appellant No.1 Sujit Kumar Pandey commission of offence punishable under Sec. 120B of the IPC, secondly, Sec. 7 of the said Act. Thirdly, Sec. 13(1)(d) of the said Act and fourthly, under Sec. 12 of the said Act. The appellant in CRA 12 of 2015 was charged under two heads, viz., Sec. 7 of the said Act and Sec. 120B of the IPC. The court below found that the charge against the appellant was established and on such basis they were found guilty of having committed offences punishable under Ss. 7 and 13(1)(d) of the said Act. The appellant in CRA 14 of 2015 was also found convicted for committing offence under Sec. 120B of the IPC along with the penal provisions under the Prevention of Corruption Act.

(3.) I have heard the learned Counsels appearing for the appellant in CRA 12 of 2015 and CRA 14 of 2015. I have also heard the learned prosecutor on behalf of the CBI.