BUDHA RAM AND ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the accused-appellants as well as learned Public Prosecutor in the present application filed under Sec. 389 Code Criminal Procedure for suspension of sentence and gone through the judgment dated 18.10.2012 passed by learned Special Judge (Sessions Judge), Prevention of Corruption Act Cases, Bikaner in Criminal Case No. 27/2006 whereby the accused-appellants Budha Ram S./o Bhabhuta Ram Meghwal and Nengiri S/o Tulchigiri Goswami have been convicted for offences under Sec. 13(1)(d) read with Sec. 13(2) of the Prevention of Corruption Act along with Sec. 120-B Indian Penal Code and sentenced each of them to one year's rigorous imprisonment with fine of Rs. 1000.00, in default of payment whereof to further undergo one months rigorous imprisonment.

(2.) Learned counsel for the accused-appellants vehemently submitted that the learned Court below committed grave illegality in passing the impugned judgment, by erroneous appreciation of evidence on the record and in fact, no case for conviction of the accused-appellants is made out. The learned Court below has erred in not believing the defence version. The sentences awarded by the learned trial Court has already been put in abeyance for a period of 30 days by learned trial Court itself. The decision of this appeal will take time. The accused-appellants is also ready to furnish bail bonds as per directions of this Court.

(3.) Per contra, learned Public Prosecutor supported the judgment of conviction and sentence and opposed the prayer of the accused-appellants for suspension of the sentence.