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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAJANI DUBEY
Indrajeet Singh Solanki, S/o Gulab Singh Solanki – Appellant
Versus
Union Of India, Through Central Bureau Of Investigation – Respondent
JUDGMENT :
Rajani Dubey, J.
1. All the appeals arise from a single impugned judgment accordingly, they are heard collectively and disposed of by this common judgment.
2. These appeals under Section 374(2) of the Code of Criminal Procedure have been preferred assailing the judgment of conviction and order of sentence dated 31.07.2007 passed by the learned Special Judge, C.B.I., Raipur (C.G.) in Special Criminal Case No. 35/2004. By the impugned judgment, the trial Court convicted the appellants - Indrajeet Solanki, Sudarshan Jain and Sudhirkshir Sagar and sentenced them as under:-
| A. Appellant – Indrajeet Solanki | |
| Conviction | Sentence |
Under Section 120B of Indian Penal Code | R.I. for 2 years and to pay fine of Rs. 1,000/-, in default of payment of fine to undergo additional R.I. for 2 months |
Under Section 420 of Indian Penal Code | R.I. for 2 years and 6 months & to pay fine of Rs. 2,000/-, in default of payment of fine to undergo additional R.I. for 3 months |
Under Section 468 r/w Section 471 r/w Section 120B of Indian Penal Code | R.I. for 2 years and 6 months & to pay fine of Rs. 2,000/-, in default of payment of fine to undergo additional R.I. for 3 months |
Under Section 13(1)(d) r/w 13 (2) of Preve | |
The prosecution failed to prove beyond a reasonable doubt the offences of conspiracy and forgery against the appellants, with mere suspicion not serving as a substitute for valid evidence.
Prosecution failed to provide sufficient evidence to uphold charges of forgery and conspiracy, relying instead on mere suspicion, resulting in the acquittal of the accused.
Public servants convicted of misappropriation and forgery through forged loan applications must be proven to have made false documents and abused their positions, affirming the importance of direct e....
The judgment establishes the difficulty in proving conspiracy and the importance of inferring conspiracy from surrounding circumstances. It also emphasizes the severe consequences of corruption and t....
The prosecution failed to prove the charges of forgery and conspiracy beyond reasonable doubt due to irregularities in evidence collection.
The main legal point established in the judgment is the requirement of sufficient evidence to prove dishonesty and overestimation of property value in cases of conspiracy to cheat a bank.
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