IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL No. 377 OF 2009

(Arising out of SLP(Crl) No.578 of 2008)

C.M. Girish Babu

…Appellant

Versus

CBI, Cochin, High Court of Kerala …Respondent

J U D G M E N T

B.SUDERSHAN REDDY,J.

Leave granted.

2.

The appellant along with Accused No.1 was tried for

offences under Section 120B of IPC read with Section 7 and

13 (2) read with 13(1) (d) of Prevention of Corruption Act,

1988 (hereinafter referred to as “the said Act”) by Special

Judge (SPE/CBI)-I, Ernakulam who by his judgment dated 30^th

March, 2002 convicted the appellant for the offence punishable

under Section 7 read with Section 13(1) (d) and 13(2) of the

said Act. He was acquitted of the charge under Section 120B

of the IPC. The appellant was accordingly sentenced to

undergo rigorous imprisonment for three years and to pay a

fine of Rs.20,000. In default for payment of fine the appellant

was further ordered to undergo rigorous imprisonment for a

further period of six months for the offence punishable under

Section 13(1) read with Section 13(2) of the said Act. He was

also sentenced to undergo rigorous impri