BISWAJIT DAS Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) This is an appeal against the judgment and order, dated 31-07-2009, passed, in Special Case No. 37 of 2005, by the learned Special Judge, Central Bureau of Investigation, Assam, Guwahati, convicting the two accused-appellants, under Sections 120(B), 468, 471, 465, and 420, and, additionally, convicting the accused-appellant, Biswajit Das, under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (in short, 'the PC Act'), and sentencing each one of the two accused-appellants to (i) undergo, for their conviction under Section 120(B) IPC, rigorous imprisonment for two years with fine of Rs. 10,000/-, and, in default of payment of fine, suffer further rigorous imprisonment for six months, (ii) undergo, for their conviction under Section 468, read with Section 120(B) IPC, rigorous imprisonment for two years with fine of Rs. 10,000/-, and, in default of payment of fine, suffer further rigorous imprisonment for six months, (iii) undergo, for their conviction under Sections 471 and 465, read with Section 120(B) IPC, rigorous imprisonment for one year, (iv) undergo, for their conviction, under Section 420 read with Section 120(B) IPC, rigorous imprisonment for two years with fine of Rs. 10,000/-, and, in default of payment of fine, suffer further rigorous imprisonment for six months; and, as far as accused-appellant, Biswajit Das, is concerned, he has been sentenced, additionally, to undergo, for his conviction under Section 13(1)(d), read with Section 13(2) of the PC Act, rigorous imprisonment for three years with fine of Rs. 20,000/-, and, in default of payment of fine, suffer further rigorous imprisonment for nine months.

(2.) The case of the prosecution, as unfolded at the trial, may, in brief, be set out as under:

(3.) At the trial, charges against both the accused were framed under Sections 120(B), 420, 468, 465 and 471 IPC and, as against accused Biswajit Das, an additional charge was framed under Section 13(1)(d) read with Section 13(2) of the PC Act, 1988. To the charges, so framed, both the accused pleaded not guilty.