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2017 Supreme(Gau) 998

HITESH KUMAR SARMA
Basab Bijay Dutta – Appellant
Versus
Central Bureau of Investigation – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. I Choudhury.
For the Respondent: Mr. S.C. Keyal, learned Standing

JUDGMENT & ORDER (CAV)

The Criminal Appeal (J) No. 92/2015, has been preferred by appellant Sri Basab Bijoy Dutta against the judgment and order dated 06.06.2015 in Special Case No. 29/2005 passed by the learned Special Judge, CBI, Additional Court No. 1, Assam convicting and sentencing the appellant to rigorous imprisonment for 7 years and to pay a fine of Rs.5,00,000 in default to undergo simple imprisonment for 1 year for his conviction under Section 420 of Indian Penal Code (IPC).

2. The facts leading to this appeal may be summarized as follows:-

3. On 30.8.2005, an FIR was lodged by the then Superintendent of Police, Central Bureau of Investigation (CBI), alleging that accused Sri Khagen Medhi, Md. Abdul Matlib, Smti Basanti Debnath and the present appellant Sri Basab Bijoy Dutta @ Sri Anup Gupta had fraudulently and dishonestly encashed 50 numbers of forged Kisan Vikas Patra (KVP) from the Gauhati University Head Post Office, Guwahati, and thereby caused wrongful loss to the government to the tune of Rs 10 lacs.

4. A case, vide RC 14 (A)/2005, under Section 120B/420 IPC read with Section 13(2) and 13 (1)(d) of the Prevention of Corruption Act, 1988, was registered and upon comple


























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