STATE Vs. M KRISHNA MOHAN

JUDGEMENT

(1.) Correctness of a judgment of acquittal passed by the High Court of Judicature at Andhra Pradesh is in question in this appeal whereby and whereunder an appeal from a judgment of conviction dated 13.12.1996 by Special Judge, FO CBI Cases, Visakhapatnam in C.C. No.11 of 1994 has been allowed.

(2.) Respondents herein were Manager and Field Officer of Chaitanya Grameena Bank, Penumaka Branch, Guntur District. Allegations against them were that they conspired with each other in the matter of sanctioning and disbursing loans of Rs.5,000/- each under Crop Loan A/c. No.85/23, 86/221, 87/10, 85/95, 86/224 and 87/12 as contained in Exhibits P-1 to P-6 in the names of fictitious persons by forging signatures and thumb impressions of the proposed borrowers in the documents resulting in misappropriation of the proceeds of Rs.30,000/-. The offences in question allegedly took place during the period 7.12.1984 to 14.8.1986. Respondent No.2 herein joined his services on 7.12.1984 as a Field Officer on probation. He was allegedly transferred to another branch on 15.8.1986. The First Information Report was lodged on 31.12.1991 under Sections 409, 420 467 and 477-A read with Section 120-B of the Indian Penal Code and Section 5 read with Section 5(2) of the Prevention of Corruption Act, 1947.

(3.) Investigations were made into the said allegations. The prosecution, in support of its case, examined as many as 22 witnesses.