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2003 DIGILAW 1573 (SC)

Abdul Rahim v. State of A. P.

2003-12-09

ARIJIT PASAYAT, DORAISWAMY RAJU

body2003
ORDER : 1. In both the appeals notice was issued limited to the question of sentence. 2. The appellant faced trial for the alleged commission of offences punishable under Sections 420, 467, 468 and 471 of the Indian Penal Code 1860 (for short "the Indian Penal Code") and Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act, 1947 (for short "the Act"). There were two separate cases involving separate transactions. In CC No.26 of 1989 in RC No.18/87 CBI-Hyd. the trial court found that the appellant was guilty of the charged offences and was sentenced to undergo imprisonment for one year, but the accusations were held to be not proved in CC No.27 of 1989 in RC No.18 (A)/CBI/Hyd. The judgment of the acquittal was assailed by the State-represented by CBI while the judgment of conviction was assailed by the accused, before the Andhra Prades High Court. While the conviction made was maintained, the acquittal was set aside and for the offences punishable under Section 467 and 471 Indian Penal Code were held to be established and sentence of one year was imposed. 3. As noted above, the scope of appeals was limited to the question of sentence only. Learned counsel for the appellant submitted that the occurrence took place long back and the role of the appellant was not specifically established. As the scope of the appeals has been limited to the period of sentence only, and the appellant has been in custody for nearly 8 months and has earned some remission also, it should be restricted to the period already undergone. On the other hand, learned counsel for the respondent-CBI submitted that looking to the nature of offences sentence of one year appears to be on the lower side. 4. We find that while working in a responsible post in a nationalised bank, the alleged offences were committed and that itself is a factor which goes against any leniency being shone for the established offences. We see no reason to accept the prayer for reducing the period of sentence imposed. The appeals are accordingly dismissed. The appellant shall surrender to custody to serve out remainder period of sentence.