BHASKAR DASGUPTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE appeal is directed against judgment and order dated 7/8.9.2006 passed by the learned Judge, Special (CBI) Court, Calcutta, in Special (CBI) Case No. 2 of 1989, convicting the appellant for commission of offence punishable under sections 420/468/471 of the Indian Penal Code and under section 5(1)(d) read with section 5(2) of the Prevention of Corruption Act, 1947 and sentencing him to suffer rigorous imprisonment for five years and to pay a fine of Rs. 5000/ - in default to suffer rigorous imprisonment for three months for the offence punishable under section 420 of the Indian Penal Code, to suffer rigorous imprisonment for five years and to pay fine of Rs. 5000/ - in default to suffer rigorous imprisonment for three months for the offence punishable under sections 468 of the Indian Penal Code, to suffer rigorous imprisonment for one year and to pay a fine of Rs. 1000/ - in default to suffer rigorous imprisonment for one month for the offence punishable under section 471 of the Indian Penal Code and also sentencing him to suffer rigorous imprisonment for five years and to pay a fine of Rs. 5,000/ - in default to suffer rigorous imprisonment for three months for the offence punishable under section 5(1)(d) read with section 5(2) of the Prevention of Corruption Act, 1947, all the sentences to run concurrently.

(2.) THE prosecution case as alleged against the appellant is to the effect as follows:

(3.) THE prosecution examined as many as 15 witnesses and exhibited a number of documents. Defence of the appellant was one of innocence and false implication. Appellant, however, did not examine any witness in support of his defence. In conclusion of trial, the Trial Court by the judgment and order dated 7/8.9.2006 convicted the appellant for commission of offence punishable under sections 420/468/471 of the Indian Penal Code and under section 5(1)(d) read with section 5(2) of the Prevention of Corruption Act, 1947 and sentenced him to suffer rigorous imprisonment for five years and to pay a fine of Rs. 5000/ - in default to suffer rigorous imprisonment for three months for the offence punishable under section 420 of the Indian Penal Code, to suffer rigorous imprisonment for five years and to pay fine of Rs. 5000/ - in default to suffer rigorous imprisonment for three months for the offence punishable under sections 468 of the Indian Penal Code, to suffer rigorous imprisonment for one year and to pay a fine of Rs. 1000/ - in default to suffer rigorous imprisonment for one month for the offence punishable under section 471 of the Indian Penal Code and also sentencing him to suffer rigorous imprisonment for five years and to pay a fine of Rs. 5,000/ - in default to suffer rigorous imprisonment for three months for the offence punishable under section 5(1)(d) read with section 5(2) of the Prevention of Corruption Act, 1947, all the sentences to run concurrently.