- (1.) Leave granted.
(2.) This appeal is directed against the final judgment and common order dated 29.04.2011 passed by the Madurai Bench of the Madras High Court in Criminal Appeal (MD) No. 37 of 2004 whereby the High Court dismissed the appeal filed by the appellant herein (A-5 therein) while confirming the judgment dated 28.07.2004, passed by the Court of Principal Special Judge for CBI Cases, Madurai.
(3.) Brief facts: a) According to the prosecution, during the year 1992, the appellant herein (A-5), along with other accused persons (A-1 to A-4 therein) had entered into a criminal conspiracy to cheat the Regional Passport Office, Trichy in order to obtain passports on the basis of creating ante- dated passport applications with duplicate file numbers, so as to make them appear as old cases, accompanied by forged enclosures such as police verification certificates etc. In pursuance of the said conspiracy, A-2 being the Lower Division Clerk in the Regional Passport Office, Trichy fraudulently received and processed 42 forged passport applications filed by one Goodluck Travels, Trichy run by A-3 with the assistance of A-4 and A- 5 (the appellant herein) and made false endorsement of reference numbers, fee certifications etc. and A-1, being the Superintendent of the Regional Passport Office, Trichy, by abusing his official position, granted orders for the issue of passports in respect of the said 42 applications. b) In pursuance of the same, on 09.02.1993, the District Crime Branch at Ramanathapuram, Tamil Nadu received a letter from Deputy Superintendent of Police (DSP), DCRB Ramanad, containing a complaint given by the Passport Officer, Trichy. On the basis of the same, a case was registered by the District Crime Branch, Ramanad as Criminal Case No. 1 of 1993 under Sections 419, 420, 465 and 467 of the Indian Penal Code, 1860 (in short 'the IPC'). c) When the Inspector of Police, DCB, took up the investigation, the CBI intervened and filed a First Information Report being RC-21(A)/93 on 11.05.1973 under Section 120-B read with Sections 420, 467, 468 and 471 of the IPC and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 (in short 'the PC Act'). After investigation, the case was committed to the Special Court for CBI Cases, Madurai and numbered as CC No. 38 of 1996. On 01.08.1996, the Special Court, framed charges under Section 120-B of IPC against A-1 to A-5 and under Sections 420, 465 and 471 of IPC against the appellant herein (A-5) and specific charges under Section 13(1)(d) read with Section 13(2) of the PC Act against A-1 and under Sections 420, 467, 468 and 471 of IPC and under Section 13(1)(d) read with Section 13(2) of the PC Act against A-2 and under Sections 420, 465 and 471 of IPC against A-3. d) By order dated 28.07.2004, the Principal Special Judge convicted and sentenced A-1 to A-3 and A-5. In the present appeal, we are concerned only with A-5 who was convicted and sentenced to undergo RI for 2 years along with a fine of Rs.5,000/-, in default, to further undergo RI for 6 months for each of the offences under Sections 120-B, 420 read with Sections 511, 465 and 471 of IPC. (Total fine of Rs. 15,000/-). e) Aggrieved by the said order of conviction and sentence, the appellant herein filed Criminal Appeal No. 37 of 2004 before the Madurai Bench of the Madras High Court. By impugned order dated 29.04.2011, the High Court dismissed the same along with other set of appeals filed in respect of other accused and confirmed their conviction and sentence awarded by the trial Court. Being aggrieved by the judgment of the High Court, A-5 alone has preferred this appeal by way of special leave before this Court. ;