RUBY JAIN Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Heard Mr. D. Talukdar, learned counsel, for the petitioner. Also heard Mr. P. N. Choudhury, learned Senior Standing Counsel, CBI.

(2.) By preferring this revision petition, under Section 401 read with section 397 of the Code of Criminal Procedure, 1973, the accused petitioner has prayed for quashing and setting aside the judgment and order, dated 27.12.2011, passed in Crl. A. No. 05/2008 by the Court of learned Addl. Sessions Judge, FTC No. 1, Kamrup, at Guwahati, whereby the said learned Court had dismissed the petitioner's appeal and upheld the judgment and order, dated 29.12.2007, passed by the Court of learned Special Judicial Magistrate 1st Class, Assam, Guwahati, in Special Case No. 152c/2013, whereby the accused petitioner was convicted under Sections 420/468/471 IPC and sentenced to undergo Simple Imprisonment for a period of 6 (six) months and a fine of Rs. 2,000/-, per section, in default, to suffer S.I. for 3 months, for each section. The imprisonment was directed to run concurrently.

(3.) The prosecution case, in brief, is that during 1993-1994 at Barpeta Road under the Barpeta P.S., the accused petitioner entered into a criminal conspiracy with Tapan Kanti Das, Manager In-charge of Oriental Insurance Company (for short 'insurance company'), to obtain an amount of Rs. 12,000/- with intent to cheat the said Insurance Company, using false medical bills under Medi-claim Scheme. It was alleged that the accused petitioner submitted false medical bills which were not issued by the Nightangle Hospital, Guwahati. After completion of the investigation, charge-sheet was filed against the accused-petitioner and Sri Tapan Kanti Das, under Sections 120B/420/468/471 IPC and Section 13(2) r/w Section 13(1)(d) of the Prevention of Corruption Act, 1988( for short 'PC Act'). The learned Special Judge, Assam, Guwahati, discharged the accused Tapan Kanti Das from all the charges and then sent the case for trial of the accused petitioner to the Court of learned Special Judicial Magistrate, 1st Class, Assam, Guwahati, and directed the accused-petitioner to appear before the Court of learned Special Judicial Magistrate, Guwahati, on 11.11.2002 vide order, dated 09.09.2002 passed in Special Case No. 69(C)/1998. Accordingly, on 11.11.2002, the case records were received by the learned Special Judicial Magistrate, 1st Class, Assam, Guwahati and after appearance of the accused petitioner, she was granted bail. Copies were furnished to the accused-petitioner and after hearing both the sides, charges were framed against the accused petitioner under Sections 420/468/471 IPC and thereafter, the charges were read over and explained to the accused petitioner to which she pleaded not guilty.