LIANSANGA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. Angshuman Bora, learned Senior Counsel assisted by Mr. Bipul Bhagawati learned counsel for the appellant. Also heard Ms. Vanneihsiami, learned Addl. Public Prosecutor for the State.

(2.) This is an appeal filed by the appellant against the Judgment and Order dtd. 7/12/2022 and also against the Sentence Order dtd. 8/12/2022 passed by the Special Court, Prevention of Corruption Act (P.C Act), Aizawl in S.R (PCA) No. 2(A) of 2016 by which, the appellant has been convicted u/s 409/477A IPC and also u/s 13(2) r/w Sec. 13(1)(c)(d) of the P.C Act and accordingly, sentenced to 2 (two) years imprisonment with fine of Rs.5.00 lakhs with a default clause separately u/s 409 and 477A IPC. Similar sentence was imposed u/s 13(2) r/w Sec. 13(1)(c)&(d) of the P.C Act. All the sentences except the fine has been directed to run concurrently.

(3.) At the outset, Mr. A. Bora, learned Senior Counsel submits that the although the trial was conducted against all the four (4) accused persons together but surprisingly, after the evidence of the prosecution and the defence was closed, the Trial Court split the case into 2 (two) cases. A seperate case in respect of the instant appellant was renumbered as SR (PCA) No. 2(A) of 2016 while the case against all the other three (3) accused persons remained with the original number i.e., S.R (PCA) No. 2 of 2016. The learned Senior Counsel submits that the procedure adopted by the learned Trial Court is unheard of since there are no provisions in law for undertaking such an exercise.