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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
K.K.Ramakrishnan, J.
A.Abdul Aziz - Appellant
Versus
The State through The Inspector of Police, CBI:SCB - Respondent
CRL.A.(MD).No.95 of 2019 and Crl.M.P(MD).No.7251 of 2024
Decided On : 07-04-2025
| Table of Content |
|---|
| 1. the procedural integrity in trials involving absconding accused must be maintained. (Para 1 , 2 , 6) |
| 2. the prosecution must prove its case with cogent and corroborative evidence. (Para 3 , 4 , 5) |
| 3. evidence from the original case can be relied upon in the continued proceedings. (Para 7 , 8 , 10) |
| 4. the court upheld the convictions and appropriately addressed sentencing. (Para 15 , 16 , 17) |
| 5. the court imposed sentences to balance punishment and the character of the offender. (Para 18 , 19 , 20) |
JUDGMENT :
K.K.Ramakrishnan, J.
Absconding accused No.4 in mother case in C.C.No.6 of 1998 and accused in split up case in C.C.No.10 of 2010, on the file of the learned II Additional District Judge for CBI Cases, Madurai, has filed this appeal challenging the following conviction and sentence of imprisonment imposed against him, vide impugned Judgment dated 29.01.2019.
| Sl. No. | Offences under Section | Punishment (Imprisonment and Fine) |
| 1 | 120-B r/w 468 of IPC | Rigorous Imprisonment for 7 years and to pay a fine of Rs.25,000/- in default to undergo Simple Imprisonment for one year |
| 2 | 468 of IPC | Rigorous Imprisonment for 7 years and to pay a fine of Rs.25,000/- in default to undergo Simple Imprisonment for one year |
| 3 | 120-B r/w 468 r/w 471 of IPC | Rigorous Imprisonment for 7 years and to pay a fine of Rs.25,000/- in default to undergo Simple Imprisonment for one year |
| 4 | 468 r/w 471 of IPC | Rigorous Imprisonment for 7 years and to pay a fine of Rs.25,000/- in default to undergo Simple Imprisonment for one year |
| 5 | 120-B r/w 420 r/w 511 of IPC | Rigorous Imprisonment for 3-½ years and to pay a fine of Rs.20,000/- in default to undergo Simple Imprisonment for six months |
| 6 | 420 r/w 511 of IPC | Rigorous Imprisonment for 3-½ years and to pay a fine of Rs.20,000/- in default to undergo Simple Imprisonment for six months |
| Total Fine Rs.1,20,000/- |
2.Brief facts of the case:
The appellant was originally arrayed as A4 in C.C.No.6 of 1998 on the file of the II Additional District Court for CBI Cases, Madurai. He and other accused are said to have committed offence under sections 120 (B) r/w. 467, 468, 471 and 420 of I.P.C. and section 13 (2) r/w 13 (1)(d) of Prevention of Corruption Act 1988 r/w Section 511 of IPC. The CBI registered the case in R.C.No.7/S/94/CBI/SCB/MAS on 11.03.1994 on the strength of source information alleging that the appellant and other persons had entered into conspiracy and stealthily removed blank DD book containing 100 leaves from bank of India, DN Road Branch Bombay in the year 1992 and 1993 and forged ten DDs for the value of Rs.94,95,000/- and fraudulently attempted to encash through various banks, situated at Madurai with the motive to cause loss to the Bank of India, Bombay. During the investigation, Abdul Aziz absconded. The CBI filed the final report under Sections 120-B r/w 467, 468, 471 and 420 of IPC, Section 13 (2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988 r/w Section 511 of IPC showing the appellant as absconding accused. . In the said final report, the accused G.Thangaswamy, A.Sathyaseelan, Atma Ram Gopal Satam, have been shown as approvers. The said final report was taken on file in C.C.No.6 of 1998, on the file of the learned II Additional District Judge for CBI Cases, Madurai and the array of the accused is as follows:
| Sl.No | Names |
|---|---|
| A1 | .N.R.Raveendran |
| A2 | M.Balasubramanian |
| A3 | Nana Mahadev Jadav |
| A4 | Abdul Aziz |
| A5 | Salim Siraj Gilani |
| A6 | A.R.Muthukrishnan |
2.1.Abdul Aziz was declared as proclaimed offender and hence, the case was split up in C.C.No.1 of 1999. Thereafter, The trial was continued in C.C.No.6 of 1998 against the remaining accused, namely, A1, A2, A3, and A6 and all were convicted by judgment dated 27.12.2002. They had also filed appeal before this Court in Crl.A.Nos.34 of 2003, 315 of 2003, 384 of 2003 and the same also was dismissed. That being the situation, the appellant was arrested on the basis of the non-bailable warrant and trial was conducted in split up C.C.No.10 of 2010. the Learned Trial Judge served upon the appellan
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