RAM LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) These appeals arise out of the judgment dated 22.12.2008 passed by the High Court of Himachal Pradesh at Shimla in Criminal Appeal Nos. 710-712 of 2000 in and by which the High Court affirmed the judgment passed by the trial court thereby affirming the conviction of the appellant under Section 13(1)(C) read with Section 13(2) of Prevention of Corruption Act, 1988 and under Sections 409 and 477-A IPC and the sentence of imprisonment imposed upon him.

(2.) Briefly stated case of the prosecution is that accused was employed as a Peon in the United Commercial Bank in January 1987. He was assigned the job of the Clerk as there was a shortage of clerical staff in the bank and his job was of manning Saving Bank accounts counter. His job was to receive money from the account holders for deposit in Saving Bank accounts. He used to make entries in their pass books in his own hand but would not account money in the account books of the bank nor did he pass it to the cashier. It is alleged that neither the appellant filled the payin-slips nor was any deposit made in the scroll, daily case receipt book and the cash payment book maintained by the cashier and he used to pocket that money. When the depositors approached him for withdrawals of money, he would make fake credit entries in the ledger accounts and fill in the withdrawal slips and submit the same to the officer concerned for payment. The Passing Officer misled by the fake credit entry would allow the withdrawals. This way, the appellant caused wrongful loss to the bank to the tune of Rs.38,500/- during the year 1994. When the fraud came to light, a Committee of two officers namely, R.C. Chhabra (PW-3) and M.P. Sethi was deputed to hold a preliminary enquiry and the Committee noticed bungling of accounts by the appellant. After that, Enquiry Committee recommended thorough investigation in the matter. After the preliminary enquiry, FIR was registered against the appellant under Sections 409, 468, 471, 477-A IPC and under Section 13(1) (C) read with Section 13(2) of the Prevention of Corruption Act, 1988 (PC Act, 1988). After investigation, the appellant was charge sheeted for the said offences.

(3.) To prove the guilt of the accused, prosecution has examined thirteen witnesses and produced documentary evidence. Upon consideration of the oral and documentary evidence, the trial court held that the appellant in his capacity as a public servant, had misappropriated the money entrusted to him, in discharge of his duty, as a public servant. The trial court convicted him for the offences under Section 13(1)(c) read with Section 13(2) of the PC Act, 1988 and Section 477-A IPC for falsification of accounts with intent to defraud the Bank and he was sentenced to undergo rigorous imprisonment for a period of two years along with a fine of Rs.5,000/. For the offence under Section 409 IPC, the appellant was sentenced to undergo rigorous imprisonment for a period of five years with a fine of Rs.5,000/- and all the sentences were directed to run concurrently. The appellant was, however, acquitted for the offences under Sections 468 and 471 IPC for the charge of forgery by holding that the opinion expert is not precise. Being aggrieved by the conviction, the appellant preferred the appeal before the High Court which was dismissed by the impugned judgment.