DR. RAJENDRA PRASAD SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The matter has come up on the stay application filed by the appellants. With the consent of counsel for the parties, the matter was heard at length for deciding the appeal itself.

(2.) Appellants have preferred this appeal aggrieved by judgment and order dated 17.05.2018 passed by Special Judge Anti Corruption Cases, Kota, whereby, appellant No.1 and 2 have been convicted for offence under Sec. 120-B Penal Code and Sec. 13(1) (e) read with Sec. 13(2) of Prevention of Corruption Act and appellants No.3 to 7 have been convicted for offence under Sec. 13(1)(e) read with Sec. 13(2) of Prevention of Corruption Act read with Sec. 120-B of IPC. Appellants No.1 and 2 have been sentenced to six months simple imprisonment for offence under Sec. 120-B Penal Code and seven years rigorous imprisonment for offence under Sec. 13(1)(e) read with Sec. 13(2) of Prevention of Corruption Act and fine of Rs. 50,00,000.00 each have been imposed. On non-payment of fine to further undergo three years simple imprisonment. Appellants No.3 and 4 have been sentenced to three years rigorous imprisonment and fine of Rs. 5,00,000.00 each, on non-payment of fine to further undergo six months rigorous imprisonment. Appellants No.5 to 7 have been sentenced to five years rigorous imprisonment and fine of Rs. 5,00,000.00 and on non-payment of fine to further undergo one year simple imprisonment.

(3.) In brief, the factual matrix of the case are that a complaint was registered against the appellant No.1 at Anti Corruption Bureau, Jaipur on 11.10.1998. In furtherance of the report, residential premises of appellant No.1 and his hospital were searched by the Anti Corruption Bureau Team. After due investigation, charge-sheet was filed against the appellants, whereby appellants No.12 were charged for offence under Sec. 120-B Penal Code and Sec. 13(1)(e) read with Sec. 13(2) of Prevention of Corruption Act and rest of the appellants were charged under section Sec. 13(1)(e) read with Sec. 13(2) of Prevention of Corruption Act read with Sec. 120-B IPC.