HITESHWAR BORAH Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) By this Appeal filed under Section 27 of the Prevention and Corruption Act, 1988 (hereinafter called the PC Act.) read with Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter called CrPC), the judgment and Order, dated 18.09.2003, passed by the learned Special Judge, Assam, Guwahati in Special Case No. 3 (C)/2000, been challenged. By the impugned judgment and Order, the Learned Special Judge, Assam convicted the Appellant for offences under Sections 420/468/471 of the Indian Penal Code (herein after called IPC), under Section 13(2) read with Section 13(1)(d) of the PC Act and sentenced the Appellant to suffer rigorous imprisonment for one year and top a fme of Rs. 1000/- on each counts, in default of payment of fine, the accused was directed to suffer rigorous imprisonment for a further period of six month on each counts. It was ordered that the sentences shall run concurrently.

(2.) Being aggrieved by the said judgment and Order of conviction and sentence, the Appellant has come up with this Appeal on the ground that the learned Trial Judge committed error by recording the conviction and the sentences without any substantive evidence against the Appellant.

(3.) The prosecution case, in brief, may be stated as follows: