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Head Note

Indian Penal Code,1860  - Section 120-B , Section 409 , Prevention of Corruption Act,1988  - Section 5 (1) ,  (2)

Acquittal - Appeal against - Idamalayar Hydro Electric Power Project, a multi-purpose power project in Kerala was conceived and completed in the year 1985. During the trial run, several leaks and cracks were noticed in the tunnel lining - Commissioner of Enquiry concluded - Materials placed before it - Prima facie disclosed commission of offences - Punishable under I.P.C. and P.C Act - Special Court found A1, A3 and A6 guilty - Offences punishable under Section 120-B and 409 IPC and Sections 5(1)(c) and 5(2) of the P.C. Act read with Section 120-B of IPC- convicted accordingly - High Court - Acquitted - Appeal - Supreme Court - High Court failed to consider materials - Placed by prosecution - Order of High Court set aside -Special Court restored-A-1, A-3 and A-6 - Awarded RI for 1 year with fine of Rs.1,000/- - Appeal allowed.

Topic(s)-Acquittal

Important Decision(s)- Acquitted - Appeal - SC - HC failed to consider materials - Placed by prosecution - Special Court restored- Appeal allowed.