MD. ABDUR REZZAK AHMED Vs. STATE OF ASSAM

JUDGEMENT

(1.) BY the judgment and order, dated 08.06.2010, passed, in Special Case No. 80(A)/2001, by the learned Special Judge, Guwahati, Assam, the accused-appellant, namely, Abdur Rezzak Ahmed, stands convicted under Sections 120B and 409 of the Indian Penal Code (hereinafter referred to as the 'IPC') and also under Section 13(2) read with Section 13(1)(c) of the Prevention of Corruption Act, 1988 (in short, 'PC Act'). Pursuant to his conviction, he has been sentenced, for his conviction under Section 409, to undergo rigorous imprisonment for 2 (two) years and pay a fine of Rs. 5000/- and, in default of payment of fine, undergo rigorous imprisonment for 2 (two) months and also to undergo, for his conviction rigorous imprisonment for 2 (two) years and pay a fine of Rs. 5000/- and, in default, undergo rigorous imprisonment for 2 (two) months and, further, to undergo, for his conviction under Section 13(2) read with Section 13(1)(c) of the PC Act, rigorous imprisonment for 2 (two) years and pay a fine of Rs. 5000/- and, in default, undergo rigorous imprisonment for 2 (two) months, all the sentences having been directed to run concurrently.

(2.) THE case of the prosecution may, in brief, be described as under:

(3.) IN support of their case, prosecution examined altogether 17(seventeen) witnesses. One more witness was examined by the Court as a court witness. The three accused persons, namely, Abdur Rezzak Ahmed, Bhagirath Kalita and Aminur Rahman, were, then, examined under Section 313 Cr.PC and, in their examinations aforementioned, they denied that they had committed the offences, which were alleged to have been committed by them, the case of the defence being that of denial. The defence also adduced evidence by examining 1 (one) witness.