AMAR SINGH Vs. CBI

JUDGEMENT

(1.) This appeal is directed against the impugned judgment dated 17.12.2004 and consequent order on sentence dated 22.12.2004 of the Special Judge, Delhi in terms of which the appellant Amar Singh was held guilty for the offences punishable under Sections 419, 420, 468, 471, 477A IPC as well as Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act, 1947 (for short "P.C. Act") and convicted accordingly. He was sentenced under Section 419 IPC to undergo imprisonment for a period of one year. For the offence punishable under Section 420 IPC, he was to undergo RI for the period of one year and also to pay a fine of Rs.1,000/-, in default of payment of fine to undergo SI for the period of two months. For the offence punishable under 468A IPC, the appellant was sentenced to undergo RI for the period of one year and to pay a fine of Rs.1,000/- and in default of payment of fine to undergo SI for the period of two months, for the offence punishable under Section 471 IPC, he was to undergo RI for the period of one year and also fine of Rs.1,000/- and in default of payment of fine, to undergo SI for the period of two months, and for the offence punishable under Section 477A IPC, he was sentenced to RI for the period of one year and for the offence punishable under Section 5(2)(d) of P.C. Act, he was sentenced to undergo imprisonment for one year and to pay a fine of Rs.1,000/- and in default of payment of fine, to undergo SI for the period of two months. The learned Special Judge directed that the substantive sentences awarded to the appellant for various offences shall run concurrently. The fine imposed by the learned Trial Court has already been deposited.

(2.) Briefly stated, case of the prosecution is that the appellant Amar Singh was employed as a Cashier in National Seeds Corporation (hereinafter referred to "NSC"), a public sector undertaking. As a Cashier, it was his duty to prepare DD invoices, receipt of cash and its deposit in the bank, making entry in the bank book, bank reconciliation statement, preparation of cash abstract and collection of DDs from the bank and forwarding the same to the respective sub-units. He, taking advantage of his official position as a Cashier in NSC, manipulated the DD invoices and the account books by making false entries and derived pecuniary advantage for self by corrupt and illegal means and in order to avoid the detection of his fraud, he also falsified bank and reconciliation statements and other relevant documents. Thus, he committed the offences punishable under Section 5(2) read with Section 5(1)(d) of Prevention of Corruption Act, 1947 and also the offence punishable under Section 419, 420, 467, 471 and 477A IPC.

(3.) On conclusion of investigation of the case, appellant was challaned and sent for trial. The learned Special Judge on consideration of the record charged the appellant for the offence punishable under Section 419, 420, 467, 471 and 477A IPC and Section 5(2) read with Section 5(1)(d) of the P.C. Act, 1947. The appellant pleaded not guilty to the charge and claimed to be tried.