A.K. GABA Vs. STATE OF U.P.
LAWS(ALL)-2019-5-479
HIGH COURT OF ALLAHABAD
Decided on May 27,2019

A.K. Gaba Appellant
VERSUS
STATE OF U.P. Respondents




JUDGEMENT

- (1.)Heard learned counsel for the appellants, learned counsel for the C.B.I. and perused the record.
(2.)The aforesaid criminal appeals have been preferred by the accused-appellants, namely, A.K. Gaba, Dushyant Kumar and Alok Gupta who are involved in Criminal Case No. 05 of 1997, arising out of Case Crime No. RC 1(A)/1995 (State Versus R.K. Srivastava and others), under sections 120-B of Indian Penal Code (hereinafter referred to as IPC) read with Section 7 and 13 (1)(d) read with 13 (2) of the Prevention of Corruption Act, 1988, Police Station C.B.I/ S.P.E, District Lucknow. Since, all the above three criminal appeals have arisen from the same case crime, therefore, they have been heard together and are being disposed of by this common judgment.
(3.)These appeals assail the correctness of the judgment and order dated 26.07.2014 passed by learned Special Judge, P.C.Act, C.B.I., (West), Lucknow in Criminal Case No. 05 of 1997, arising out of Case Crime No. RC 1(A)/1995 (State Versus R.K. Srivastava and others), under sections 120-B of I.P.C. read with Section 7 and 13 (1)(d) and Section 13 (2) of the P.C, Act, 1988 , Police Station C.B.I/ S.P.E, District Lucknow, whereby the accused appellants have been convicted and sentenced the accused-appellants namely, A.K. Gaba, Dushyant Kumar and Alok Gupta, convicted as under:
(a) Accused-appellant, namely Shri R. K. Srivastava has been convicted and sentenced Under Section 7 of Prevention of Corruption Act. - Four years' rigorous imprisonment with fine of Rs.40,000/- with default stipulation of one year's additional rigorous imprisonment.

(b) Accused-appellant, namely Shri R. K. Srivastava has been convicted and sentenced Under Section 13(1)D read with Section 13(2) of Prevention of Corruption Act. - Five years' rigorous imprisonment with fine of Rs.50,000/- with default stipulation of one year's additional rigorous imprisonment.

(c) Accused-appellants, namely Shri A. K. Gaba, Shri Dushyant Kumar and Sri Alok Gupta have been convicted and sentenced Under Section 120-B IPC, read with under Section 7 of Prevention of Corruption Act. - Four years' rigorous imprisonment with fine of Rs.40,000/-to each with default stipulation of one year's additional rigorous imprisonment to each.

(d) Accused-appellants, namely Shri A. K. Gaba, Shri Dushyant Kumar and Sri Alok Gupta have been convicted and sentenced Under Section 120-B IPC, read with under Section 13(1) D read with Section 13 (2) of Prevention of Corruption Act. - Five years' rigorous imprisonment with fine of Rs.50,000/-to each with default stipulation of one year's additional rigorous imprisonment to each.



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