Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860:ss. 120-8 and 420, 468, 477-A rlw s.34 /PC, ss.5(1)(d), and 5(2) of Prevention of Corruption Act r/w s.34 /PC - Accused withdrawing scholarship money in fictitious names of students - Conviction by trial court - Affirmed by High Court Held: High Court has closely analysed the evidence of 0 witnesses and recorded a finding that prosecution has been able to prove its case - There is no perversity in the finding nor any wrong conclusion has been reached by it- Conviction and sentences upheld - Prevention of Corruption Act, 1947 - s.5(1)(d) r/w s.5(2) - Constitution of India, 1950 - Article 136. s. 34 - Common intention - Five accused prosecuted for commission of offences punishable ulss 120-8 and 420, 468,477-A /PC and s.5(1)(d) r/w s.5(2) of Prevention of Corruption Act with the aid of s.34 /PC - One of them acquitted HELD: Even if one of the co-accused is acquitted, that does not by itself absolve other co-accused of their conjoint liability of the crime - On facts, common intention of convicts and their prior concert is amply proved. The appellants (Accused 1 to 4) in Crl. Appeal Nos. • 1280/2004, 1282/2004 and 1283/2004 were prosecuted for commission of offences punishable u/s 120-B, ss. 420,468,477-A r/w s.34 IPC ss.5(1)(d) and 5(2) of the Prevention of Corruption Act, 1947 r/w s.34 IPC, on the allegations that they withdrew scholarship amounts from various educational institutions in fictitious names of students and thus cheated the Government and misappropriated the government funds. The trial court found the accusations proved against A-1, A-3 and A-4 in respect of all the transactions and against A-2 in respect of one transaction as he was stated to have been on leave when the other transactions took place. It accordingly convicted A-1 to A-4 of the charges and sentenced A-1, A-3 and A-4 to rigorous imprisonment for three years and A-2 to rigorous imprisonment for one and half years. Accused A-1 to A-5 in Crl. Appeal Nos. 1279/ 2004 and 1281/2004 were prosecuted for similar offences for withdrawing scholarship amounts in fictitious names of students of a Junior College for Girls. The trial court found the accusations proved against A-2 to A-5 and convicted and sentenced them to rigorous imprisonment for two years, but acquitted A-2 of all the charges. The High Court having dismissed appeals of all the convicts, they filed the appeals. |
Judge | Hon'ble Mr. Justice A.K. Ganguly |
Neutral Citation | 2009 INSC 294 |
Petitioner | Y. Venkaiah |
Respondent | State Of A.p. |
SCR | [2009] 3 S.C.R. 915 |
Judgement Date | 2009-03-03 |
Case Number | 1279 |
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