STATE/CBI (SPE) Vs. SUBRATE BHATTACHARJEE AND ANR.

JUDGEMENT

(1.) BY the impugned judgment and order, dated 20.4.1999, passed in Spl. Case No. 18(C)/95, the two accused -respondents, namely, Subrata Bhattacharjee ('A1') and Milan Kumar Chakraborty ('A2') have been acquitted of the charges, framed against them, under Sections 120B, 420, 468, 465 and 471 IPC. By this impugned judgment and order, Al was also acquitted of the charge framed against him under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act. Aggrieved by the acquittal of the two accused -respondents, the State has preferred the present appeal.

(2.) I have heard Mr. D.K. Das, learned Standing counsel for the Central Bureau of Investigation ('the C.B.I.'). I have also heard Mr. J.M. Choudhury, learned senior counsel, appearing on behalf of the accused -respondent No. 1, and Mr. K. Agarwal, learned Counsel for the accused -respondent No. 2.

(3.) DURING trial, charges were framed against the two accused under Sections 120B, 420, 468,465 and 471 IPC. As far as Al was concerned, an additional charge, under Section 13(2) read with 13(1)(d) of the Prevention of Corruption Act, was framed against him. Both the accused pleaded not guilty to the charges so framed against them. Prosecution adduced evidence by examining as many as 11 witnesses to substantiate the charges framed against the accused. This was followed by recording of statements of the two accused under Section 313 CrPC. In their examination aforementioned, while both the accused denied that the they had committed the offences alleged to have been committed by them, the case of A2 was that Bimal Chand Singh was known to him as a customer and on the request of the said Bimal Chand Sihgh, he had bonafide introduced the said Bimal Chand Singh to the said bank. The defence, however, did not adduce any evidence. Having found the two accused not guilty of the charges framed against them, as indicated hereinbefore, the learned trial court acquitted them accordingly. Hence, the present appeal by the C.B.I.