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2014 Supreme(Del) 2459

S.MURALIDHAR
Shabban – Appellant
Versus
C. B. I. /ACB – Respondent


Advocates Appeared:
For the Appellants:R.M. Tufail, Anwar A. Khan & Farooq Choudhary, Advocates.
For the Respondent:Narender Mann, Spl. PP for CBI with Manoj Pant & Uttkarsha Kohli, Advocates.

Judgment :

Introduction

1. These appeals are directed against the judgment dated 30th January 2010 passed by the learned Special Judge in Corruption Case No. 78 of 1998, convicting the accused/Appellants for the offence under Sections 120B of the Indian Penal Code,1860 (‘IPCl’) read with Section 420 IPC and Section 13 (2) read with Section 13 (1) (d) of the Prevention of Corruption Act, 1988 (‘PC Actl’) and Section 25/27 of the Indian Telegraph Act, 1955 (‘IT Actl’). Additionally, Fahim Ahmed Abbassi (A-1) [the Appellant in Criminal Appeal No. (‘Crl.Al’) 142 of 2010], Ashok Kumar (A-2) [the Appellant in Crl. A. No. 141 of 2010] and Mehmood Ahmed (A-3) [the Appellant in Crl.A. No. 140 of 2010] were convicted for substantive offence under Section 420 IPC and Jharkhandi Rai (A-5) [the Appellant in Crl.A.No. 139 of 2010]was convicted for substantive offence under Section 13(2) read with Section 13(1) (d) of the PC Act and Section 25/27 of the IT Act.

2. These appeals are also directed against the order on sentence dated 8th February 2010 whereby all the Appellants were awarded one yearl’s rigorous imprisonment (‘RIl’) along with a fine of Rs.10,000each and in default to undergo simple




















































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