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2012 Supreme(Online)(SC) 107

SUPREME COURT
*P. Sathasivam, Ranjan Gogoi, JJ.
N.V. Subba Rao – Appellant
Versus
CBI – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Mukul Gupta, Mr. Y. Raja Gopala Rao
For the Respondents: Mr. Sidharth Luthra

1. These appeals are directed against the common final judgment and order dated 29.01.2008 passed by the High Court of Judicature, Andhra Pradesh at Hyderabad in Criminal Appeal Nos. 602 and 617 of 2001 respectively whereby the High Court while dismissing the appeals confirmed the order of conviction passed by the trial Court but reduced the sentence of rigorous imprisonment (RI) of two years to one year.

2. Brief facts:
(a) According to the prosecution, basing on reliable information, on 23.03.1995, the Inspector of Police, Special CBI, Visakhapatnam registered an FIR in Crime No. RC.03 (A) / 95 - VSP against Shri N.V. Subba Rao (A - 1), the then Branch Manager, Central Bank of India (in short 'the Bank'), Guntur, A.P and Shri Attur Prabhakar Hegde (A - 2), Proprietor of A.P. Enterprises, Guntur, A.P. for the commission of offence punishable under S.120 - B read with S.420 IPC and S.420, S.468 and S.471 read with S.468 and S.13(2) read with S.13(1)(d) of the Prevention of Corruption Act, 1988 (in short 'the P.C. Act.) alleging that A - 1 abused his official position as a public servant and entered into a criminal conspiracy with A - 2 and defrauded the Bank to the tune of Rs. 1.16















































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