K.HEMA
Vijayachandran K K – Appellant
Versus
The Superintendent Of Police – Respondent
K. Hema, J.
1. The appellants, two in number, were charge-sheeted by respondent-CBI for offences under Section 120-B IPC read with Sections 13(2) and 13(1)(d) of the Prevention of Corruption Act, 1988 ('the Act', for short) and Section 465 of Indian Penal Code (`IPC', for short). Both of them were convicted and sentenced under the said sections by learned Special Judge (SPE/CBI)('the Special Judge', for short). This appeal is filed challenging such conviction and sentence.
FACTS, BRIEFLY:
2. According to prosecution, first accused was working as an 'Assistant' in the Passport Office in the 'passport writing section'. Second accused was the proprietor of a travel agency. In September, 2002 they allegedly conspired and agreed to get a fake passport issued to PW1, by incorporating therein a wrong date of birth of PW1, to facilitate PW1 to get a job abroad. Accordingly, first accused, on 9.9.2002, being a public servant, by corrupt and illegal means, by abusing the position as a public servant, forged signatures of PW10 in Exhibit P4-passport, affixed the seal of the passport officer, which was not then in use and made a false document, with intent to support a false claim. In pu
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