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A. Sivaprakash Vs. State of Kerala [10/05/16]

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[Criminal Appeal No. 131 of 2007]. Four persons were implicated as accused persons in FIR registered on 09.09.1993 under Sections 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the 'PC Act') and Section 409 read with Section 34 of Indian Penal Code ('IPC'). After investigation, when the chargesheet was filed on 19.01.1998, one more person (who is the appellant before us) was also added as an accused. Chargesheet was filed under Section 13(2) read with 13(1)(d) of the PC Act and under Sections 468 and 471 read with Section 34 of IPC. Charges were framed by the trial Court against the accused persons. Matter went on trial and resulted in acquittal of A-2 and A-3 from all the charges and conviction of A-1, A-4 and A-5 (i.e. the appellant) under Sections 13(2) read with 13(1)(d) of the PC Act. These accused persons i.e. A-1, A-4 and A-5 were, however, acquitted of the charges under Sections 468 and 471 read with Section 34 of IPC. No appeal was filed by the State against the acquittal of A-2 and A-3. A- 1, A-4 and A-5 filed appeals in the High Court challenging their conviction.

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