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DIPANKAR DATTA, MANMOHAN
Biswajit Das – Appellant
Versus
Central Bureau of Investigation – Respondent
JUDGMENT :
1. The appellant was convicted for commission of offences punishable under Section 468 r/w Section 120(B), Section 271 and 465 r/w Section 120(B) and Section 420 r/w Section 120(B) of the Indian Penal Code, 18601 [IPC] as well as Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988.2 [PC Act]
2. For all but one of the offences punishable under the IPC, sentence of two years’ rigorous imprisonment3 [RI] was imposed on the appellant. For the offence under Section 271 and 465 r/w Section 120(B), sentence of R.I. for a year was imposed. Insofar as the offence punishable under sub-section (1)(d) read with sub-section (2) of Section 13 of the PC Act is concerned, the appellant was sentenced to three years’ R.I.
3. The conviction and sentence dated 31st July, 2009 having been carried by the appellant to the High Court of Gauhati in an appeal under Section 374 (2) of the Code of Criminal Procedure, the impugned judgment and order dated 27th September, 2013 of a learned single Judge affirmed the same.
4. The appellant thereafter approached this Court with a special leave petition out of which this criminal appeal, by special leave, arises.
5. On 3rd Janua
The Supreme Court clarified that it retains discretion to consider all relevant points in an appeal, even when initially limited notice is issued, emphasizing the importance of justice in sentencing.
The Special Court under the SC/ST Act can try IPC offences, and bail applications are maintainable under Cr.P.C. when not charged under SC/ST Act.
The main legal point established in this judgment is that the continued detention of a convict beyond the period of sentence, without any other case pending against them, violates their right to pers....
The judgment emphasizes the importance of fair and just procedure in criminal appeals and the need for a thorough examination of the appeal with the assistance of both parties.
The victim's right to appeal is absolute and does not require leave; however, a reasonable limitation period of 90 days from judgment knowledge is suggested for filing appeals against acquittals.
The court emphasized the necessity of proving knowledge of bribery for conviction under the PC Act and the importance of procedural fairness in charge alterations.
The main legal point established in the judgment is that appeals in complaint cases can only be entertained after obtaining special leave to appeal from the High Court, as per the provisions of secti....
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