NCLAT: Consideration of Debt Restructuring by Lenders Doesn’t Bar Member from Initiating Proceedings  ||  Delhi High Court: In Matters of Medical Evaluation, Courts Should Exercise Restraint  ||  Delhi HC: Any Person in India Has Right to Legally Import Goods from Abroad and Sell the Same  ||  Delhi HC: Waiver to Section 12(5) of Arbitration Act to be Given Once Tribunal is Constituted  ||  Supreme Court Has Asked States to Regularise Existing Court Managers  ||  SC: Union & States to Create Special POSCO Courts on Top Priority  ||  SC Upholds Authority of CERC to Award Compensation for Delays  ||  SC: Arbitral Tribunal Has Discretion to Include in Sum Awarded, Interest at Rate as it Deems Reasonab  ||  SC: Cannot Use Article 142 to Frame Guidelines on Judicial Recusal  ||  SC: Satisfaction Recorder in One EP Won’t Affect Subsequent EPs for Future Breaches    

Naresh Chaubey Vs. Central Bureau of Investigation - (Supreme Court) (16 Nov 2017)

Supreme Court need not re-appreciate evidence while affirming the judgments of Courts below in criminal cases

MANU/SC/1440/2017

Criminal

In facts of present case, the Animal Husbandry Officer, received information that wrongful withdrawal of treasury bills was being made. He constituted a Committee for scrutinizing the suspected bills. Charges were framed against the Appellant and two others for wrongful withdrawal and misappropriation of money from the treasury on the basis of the forged bills. The Appellant was convicted under Sections 420, 471, read with Section 465 of the Indian Penal Code, 1860 (IPC) and Sections 13(1)(c), (d) and 13(2) of the Prevention of Corruption Act, 1988. The Appellant was sentenced to undergo rigorous imprisonment of three years for the offences punishable under the Indian Penal Code and two years for the offences punishable under the PC Act. The conviction and sentence of the Appellant was affirmed by the High Court, aggrieved by which the above appeal is filed.

Apex Court is of the opinion that, there is no error committed in holding the Appellant guilty of the offences alleged. Both the Courts below have thoroughly examined the oral as well as documentary evidence on record and dealt with the submissions made on behalf of the defence in a detailed manner. It is settled law that this Court need not re-appreciate evidence while affirming the judgments of the courts below in criminal cases. On examination of impugned judgments, it is found that, there is sufficient material on record to show that, the Appellant had indulged in acts of misappropriation and embezzlement of public funds by unauthorizedly processing bills which he received not through proper channel. There is necessity to repeat the reasons that have been assigned by the courts below while convicting and sentencing the Appellant.

Regarding question of sentence, the trial Court in the year 2002 observed that, the Appellant was 60 years old and was suffering from ill-health. The Appellant has undergone 20 months out of the sentence of 36 months, that he is 75 years old now and is suffering from several ailments. The sentence imposed on the Appellant by the trial court and affirmed by the High Court need be modified to the period already undergone by the Appellant. The Appeal is disposed of.

Tags : CONVICTION   RE-APPRECIATION   EVIDENCE  

Share :        

Disclaimer | Copyright 2025 - All Rights Reserved