RAJENDRA RAI Vs. CENTRAL BUREAU OF INVESTIGATION CBI

JUDGEMENT

(1.) CRIMINAL Appeal Nos. 268/2003, Criminal Appeal No. 269/2003 and Criminal Appeal No. 277/2003 have been heard analogously and disposed of by this common Judgment and Order as these three appeals have arisen out of the Judgment and Order dated 28. 7. 2003 passed by the Special Judge, Assam at Guwahati in Special Case No. 9 (C)/2000 whereby the trial court convicted the accused appellants u/s 120b, 420, 471 IPC r/w Section 13 (1) (d), P. C. Act, 1988 and awarded different sentences and all the sentences were ordered to run concurrently.

(2.) HEARD the learned counsel for both sides.

(3.) THE prosecution case in brief is that during the period 1985 to 1996 accused appellants were serving as Sub Inspectors, Line Inspectors, etc. The prosecution case is that all these accused persons pursuant to a criminal conspiracy, decided to cheat the Government in the Telecom Department and thereupon accused A-1 to A-6 fabricated false Experience Certificates in favour of accused A-7 to A-33 and these were approved by A-1 and using these certificates as genuine, accused A-7 to A-33 were shown as regular casual Mazdoors working in the Office of the BSNL during the period 1988-96 and thereafter they were given the status of TSM and paid as such. According to the prosecution, accused A-7 to A-33 were not serving as casual Mazdoors in view of the ban imposed and the Experience Certificates were forged documents.