Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Criminal conspiracy |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Indian Penal Code, 1860: Section 420, I 20-B and I 09. Criminal conspiracy---Small Scale Industries Registration Certificate, Essentiality Certificate and Import Licence obtained by false representations-Prosecution-Conviction by Trial Court-High Court reappreciating evidence and finding that the only conclusion possible was guilt of the accused which was proved beyond reasonable doubt-Reversal of acquittal and conviction of accused by High court-Held High Court was justified in its conclusion. Code of Criminal Procedure, 1973-Section 360--Probation. Accused -Conviction under sections 420 and 120-B, !PC-Several achievements in the industrial field made by accused-Held in the circumstances benefit of probation should be extended. The appellant, (first accused), a former Inspector of Industries, alongwith an Inspector of Industries, (second accused), was prosecuted under section 120-B read with section 420 IPC, sections 5(1) (b) and 5(2) of the Prevention of Corruption Act, 1947 on the ground that both the accused entered into a criminal conspiracy and acting in concert, the first accused obtained the Small Scale Industries Registration Certificate for additional lines of manufacture, Essentiality Certificate and Import Licences on false representations while the second accused enabled him to obtain the same by his false recommendations. The Trial Court acquitted both of them on all the charges. The State filed an appeal before the High Court which on re-appreciation of evidence held that the prosecution has established conspiracy beyond doubt and that only one conclusion was possible on the evidence that the accused are guilty of all the charges. Accordingly it set aside the acquittal and convicted both the accused on all the counts and sentenced the appellant to imprisonment for two years under section 120-B, and for two years under section. 420 IPC. In appeal to this Court it was contended on behalf of the appellant-accused that: (i) the High Court erred in reversing the judgment of acquittal passed by the High Court; and (ii) the benefit of probation under section 360 of the Code of Criminal Procedure should be extended to the appellant. |
Judge | Hon'ble Mr. Justice Kuldip Singh |
Neutral Citation | 1992 INSC 18 |
Petitioner | N. M. Parthasarathy |
Respondent | State By S. P. E. |
SCR | [1992] 1 S.C.R. 249 |
Judgement Date | 1992-01-21 |
Case Number | 330 |
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