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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
HONOURABLE MR. JUSTICE K.K. RAMAKRISHNAN
A.Abdul Aziz – Appellant
Versus
State through The Inspector of Police, CBI:SCB – Respondent
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 |
The conviction for conspiracy and bank fraud under various IPC sections is upheld based on corroborative testimony despite the absence of approvers in trial due to abscondence.
Evidence from prior proceedings can be utilized against an absconded accused, despite the absence of key witnesses, particularly in complex economic crimes.
The appellate court can overturn acquittals where the trial court's findings are perverse or unsustainable based on evidence, emphasizing the need for appropriate sentencing in cases of conspiracy an....
The court ruled that acquittals in conspiracy cases must be based on a holistic appreciation of evidence, rejecting selective readings that undermine victims' rights and public justice.
The court emphasized that a flawed investigation process and failure to adhere to legal procedures undermine the prosecution's case, leading to the absolution of accused due to a lack of credible evi....
The main legal point established in the judgment is the requirement of corroborative evidence in relation to the material particulars of the testimony of an approver and the principle that the accuse....
The court emphasized that a trial can proceed against a living accused despite the death of a co-accused, maintaining that accusations cannot be abated due to such circumstances.
The court upheld convictions for murder and conspiracy despite reliance on circumstantial evidence, finding sufficient connections through uncorroborated testimony and addressing potential political ....
The judgment establishes the discretionary nature of the power under Section 319 Cr.P.C. and emphasizes the need for strong and cogent evidence before summoning a person as an additional accused.
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