The present appeal is filed challenging the order passed

by the learned XLVII Additional City Civil and Sessions Judge

and Special Judge for CBI cases, dated 08.09.2011 in Special

(Corruption) Case Number 212/2004.

2.

Brief facts of the case are as under:

Allegations leveled against the appellant by the

prosecution is that, present appellant is the son of second

accused in the very same case G. Siddabasava, who was

working as a Survey Assistant in the office of the survey of

India, KGDC Koramangala, Bengaluru. During the year 2003

there was a notification for recruitment of 15 posts of Topo

Trainee Type 3 B (plain tabler). Accordingly, accused No.2 in

order to get a job for his son who is the appellant, though

the

appellant

did

not

possess

required

qualification,

manipulated the documents with an intention to secure the

job, hatched conspiracy with other accused, applied for the

3

said post and some how, recruited into the said post. Later

on, on verification of the documents furnished by the

appellant, it is revealed that the documents produced by the

appellant was a fake marks card issued by the alleged

Sarvothama Prathiksha Kendra for Correspondence insofar as

the II PUC is concerned and therefore, action was initiated by

filing necessary complaint.

3.

Matter was referred to the CBI for further

investigation and after the detailed investigation; CBI filed

charge sheet against the appellant and other accused

persons.

4.

Presence of the appellant and other accused

persons were secured before the Special Court and charges

were framed for the offences punishable under Section 120B,

420, 468, 471 IPC and Section 13(1) (d) r/w Section 13(2) of

the Prevention of Corruption Act, 1988.

5.

Accused

persons

pleaded

not

guilty

and

therefore, trial was held.

4

6.

In order to prove the case of the prosecution, in

all 28 witnesses were examined as PWs.1 to 28 and as many

as 74 documents were relied on by the prosecution which

were exhibited and marked as Exs.P-1 to P-74. On behalf of

the defence, though no witnesses were examined, 7

documents were confronted to PWs.1, 5, 13 and 28 which

were exhibited and marked as Exs.D.1 to D.17.

7.

On conclusion of the recording of the evidence,

accused statement as contemplated under Section 313 of

Cr.P.C., was recorded, wherein accused has denied all the

incriminating materials.

8.

However, accused also did not furnish any

written submission as is contemplated under Section 313 (5)

Cr.P.C. Thereafter, learned Trial Judge heard the parties in

detail and on cumulative consideration of the oral and

documentary evidence on record, acquitted other accused

persons and convicted the appellant and passed sentence as

under:

5

Offences

Punishment

Fine

Default

sentence

420 IPC

Rigorous

imprisonment

of three years

Rs.20,000/- Simple

imprisonment

for one year

468 IPC

Rigorous

imprisonment

of two years

Rs.15,000/- Simple

imprisonment

for four

months

471 IPC

Rigorous

imprisonment

of two years

Rs.15,000/- Simple

imprisonment

for four

months

9.

State through CBI did not choose to file appeal

insofar as the acquittal of other accused persons are

concerned.

10.

Being aggrieved by the judgment of conviction

and order of sentence passed by the learned Trial Judge, the

appellant is before this Court in this appeal.

6

11.

In the appeal following grounds have been

raised.

The learned Judge gravely erred in not

according the same benefit that was given to

the other Accused.

The

learned

Judge

gravely

erred

in

disbelieving the prosecution in so far as

other Accused are concerned while believing

the very same in so far as the Appellant.

The learned Judge gravely erred in failing to

see that the prosecution has utterly failed to

establish the ingredients and other essentials

of section 420, 468 and 471 of the Indian

Penal Code.

The learned Judge gravely erred in failing to

see that there is virtually no evidence

adduced by the prosecution to show that the

Appellant had the conscious possession of

Exhibit P