LAWS(MEGH)-2014-5-14

HALIDA KHATUN, D/O LATE ABDUL GANI Vs. STATE

Decided On May 30, 2014
Halida Khatun, D/O Late Abdul Gani Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 19.03.2010/13.05.2010 passed by the Special Judge(CBI), Shillong in Special Case(CBI) NO.10 of 2002 whereby said Court has convicted the accused/appellant Ms. Halida Khatun under Section 12 of the Prevention of Corruption Act, 1988 and sentenced her to imprisonment for a period of 5(five) years and directed to pay fine of Rs.5000/-(Rupees five thousand) in default of payment of which she is required to undergo imprisonment for another one year. She has been further convicted under Section 201 IPC, and sentenced to various terms of imprisonment and directed to pay fine under Section 201 IPC read with 120B, 420, 468 and 471 IPC. All the sentences are directed to run concurrently.

(2.) Heard learned counsel for the parties and perused the lower Court record.

(3.) Briefly stated prosecution story is that Ms. Halida Khatun ( accused/appellant ) was a Supreme Court lawyer who was facing trial in RC Case No.21A of 1996 ( relating to forged bills of fee ) in Special Court(CBI), Shillong. On 20.02.2002, she contacted Shri Sarjeet Singh (PW 7) of Court Naib of CBI and offered him better job and monitory benefits if he agreed to hand over her original documents of RC Case No. 21A of 1996 so that she could destroy the same to save herself from the clutches of law. PW7 Shri Sarjeet Singh did not respond and simply complained orally to the Superintendent of Police, CBI and Deputy Superintendent of Police, CBI Shri Tonmoy Behera (PW 8). Thereafter, the accused/appellant Ms. Halida Khatun again made an attempt in this connection and offered to pay Rs.1,00,000/-(Rupees one lakh) on which PW 7 Sri Sarjeet Singh gave a written complaint to his superior officers which was registered by the CBI, whereafter a trap was laid by CBI.