The main legal point established in the judgment is the requirement for corroboration of expert opinions and the need for substantial evidence to establish guilt beyond reasonable doubt in cases involving criminal conspiracy and fraud.

1. All the appeals are preferred by the accused against the Judgment of conviction, dated 28.07.2004 made in C.C.No.38 of 1996 on the file of the Principal Sessions Judge for CBI Cases, Madurai. In these appeals, for the sake of convenience the appellants / accused are referred to as A1, A2, A3 and A5, as stated in the Judgment of the trial court in C.C.No.38 of 1996, unless specifically stated as appellant of a particular appeal.

2. Crl.A.No.36 of 2004 is preferred by S.Rajendran / A3, Crl.A.No.37 of 2004 is preferred by Hema / A5, Crl.A.No.39 of 2004 is preferred by P.Dorai / A1 and Crl.A.No.46 of 2004 is preferred by P.M.Rajendran / A2, respectively in C.C.No.38 of 1996 on the file of the Court below.

3. All the appellants / accused and the co-accused, S.Naganathan were prosecuted by the respondent herein. The co-accused / A4 was not found guilty, hence, he was acquitted by the Court below. The appellant / A3 was convicted under Sections 120-B, 420 r/w 511, 465 and 471 IPC and sentenced to undergo R.I for two years and to pay fine of Rs.5,000/-, in default to undergo further period of six months R.I under each penal provision of the offence, and the total fine amount imposed on the appellant / A3 is Rs.15,000/-. The appellant / A5 was convicted under Sections 120B, 420 r/w 511, 465 and 471 IPC and sentenced to undergo R.I for two years and to pay fine of Rs.5,000/-, in default to undergo further period of six months R.I under each penal provision of the offence, and the total fine amount imposed on the appellant / A5 is Rs.15,000/-.

4. The appellant / A1 was convicted and sentenced to undergo R.I for two years and to pay a fine of Rs.2,000/-, in default to undergo further period of R.I for three months for each of the offences, punishable under Section 120-B IPC, and Sections 13 (1) (d) r/w 15 of Prevention of Corruption Act and the total fine amount imposed on the appellant / A1 is Rs.4,000/-. The appellant / A2 was convicted and sentenced to undergo R.I for two years and to pay a fine of Rs.2,000/-, in default to undergo further period of R.I for three months for each of the offences, punishable under Sections 120-B, 420 r/w 511, 467, 468, 468 & 471 IPC and Sections 13 (1) (d) r/w 15 of Prevention of Corruption Act, 1988 and the total fine amount imposed on the appellant / A2 is Rs.12,000/-.

5. The case of the prosecution is that all the appellants herein and the co-accused / A4 had entered into a criminal conspiracy during the year 1992 to cheat the Regional Passport Office, Trichy to obtain passports on the basis of creating antedated passport applications with duplicated file numbers, so as to make them appear as old cases, accompanied by forged enclosures, such as police verification certificates etc., that in pursuance of the conspiracy, A2 being the Lower Division Clerk in the office of the Regional Passport Office, Trichy, fraudulently received and processed the 42 numbers of forged passport applications filed by one Good Luck Travels, Trichy run by A3 with the assistance of A5, made false endorsement of reference number, fee certification etc., that A1 being the Superintendent of the Regional Passport Office, Trichy, by abusing his official position passed grant orders for the issue of passports in respect of the said 42 applications and that the accused thereby have committed offences, punishable under Sections 120-B r/w 420, 467, 468 ad 471 IPC and under Sections 13 (2) r/w 13 (1) (d) of Prevention of Corruption Act.

6. It is seen that the copies of documents relied on by the prosecution were furnished to the accused on free of cost, as per Section 207 Cr.P.C. It is further seen that charges under Sections 120-B IPC against A1 to A3 and A5 and specific charges under Sections 13 (1) (d) r/w 13 (2) of Prevention of Corruption Act, 1998 against A1 and under Sections 420, 467, 468, 468 and 471 IPC and Sections 13 (1) (d) r/w 13 (2) of Prevention of Corruption Act, 1988 against 2 and under Sections 420,