acquittal as regards the
conviction under Sections 409 , 468 and 477A of the Indian
Penal Code. The effect of the above finding on prosecution
sanction ... question is whether the conviction
under Sections 409 , 468 and 477A of the Indian Penal Code
can be sustained, if the case stands proved
imprisonment for 4 years under section 409 IPC and rigorous
imprisonment for 2 years under section 477A IPC. The substantive
sentences ... under section 409 IPC. But the conviction of the appellant/accused
under section 477A IPC imposed by the trial court
IPC,
his conviction under Sections 120B / 420 / 471 read with Section 468
IPC and under Section 5(2) read with Section ... Patna under Sections 120B/420/471 read with
Section 468 / 477A IPC and under Section 5(2) read with Section
2167 of 2004 3
found the accused guilty under Section 477A IPC. On conviction
thereunder, he was sentenced to undergo rigorous imprisonment ... offences in appeal under Section 386
(b)(i) Cr.P.C . The conviction and sentence against him under
Section 477A IPC
read with Section 13(2) of the P.C.Act, and also under Sections
409 , 468 , 420 , 477A and 120B IPC. The prosecution ... under Section 417 IPC. He was, however, found
not guilty under Sections 120B , 409 , 468 and 477A IPC. On
conviction
scope of Section 197 of Cr. P. C., this Court held as
follows:
"It is clear that the first part of Section ... this Court was whether the
conviction of the appellant under Sections 409 and 477A of
the IPC was illegal for want of sanction
also
under Sections 409 , 468 , 471 and 477A of the Indian Penal
Code. The prosecution examined 42 witnesses and also
marked Exts ... year under Section 477A of
the IPC. The two accused were convicted with the aid of
Section 34 I.P.C. Aggrieved
framed charges under Section
120B r/w Sections 477A , 420 , 468 , 471 IPC and Section
13(2) read with Section ... found the
appellant guilty of the offences under Sections 420 , 468 ,
477A IPC and Section 13(2) and 13(1)(d) of Prevention
2023
IPC while benefit of doubt was given for the
offence punishable under Sections 406 , 408 ,
420 of the IPC ... Sections 465 , 468 , 477A , 471 and
114 of the IPC but while passing the said
order of conviction under sections, the
learned Sessions
Petition is filed against the judgment of conviction and
sentence under Sections 408 and 477A IPC. The term of imprisonment to
undergo ... offences under Sections 408 IPC and 477A IPC . So, for the
offence under Section 408 of IPC convicted