KALI CHARAN Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal under Sec. 374, 386(b)(i) read with Sec. 482 of the Code of Criminal Procedure, 1973 (the Cr.P.C.) has been filed by accused nos. 1 and 3 (A1 and A3) in C.C.No.11/1986 (New No. 331/1994) on the file of the Court of Special Judge, Delhi, challenging the conviction entered and sentence passed against them for the offences punishable under Sec. 120-B read with Sec. 409 of the Indian Penal Code, 1860 (the IPC) and Ss. 5(1)(c) and 5(1)(d) of the Prevention of Corruption Act, 1947 (the PC Act) read with 120-B IPC. A1 has also been convicted under Ss. 409 and 201 IPC.

(2.) The prosecution case is that during the period from August 1981 to March 1982, the accused persons, namely, A1 (Inspector), A2 (Assistant Engineer), A3 (Assistant Engineer), A5 (Mazdoor), being public servants and employees of the Delhi Electric Supply Undertaking (DESU), along with A6 and A4 (since deceased), PW2 (approver) and A8, entered into a criminal conspiracy to dishonestly and fraudulently misappropriate electrical materials belonging to DESU, by withdrawing the same from stores on the basis of forged and false store-issue dockets. It is alleged that 18 forged store issue dockets were prepared and used for this purpose and these dockets were falsely shown as issued from authorised stores, whereas in fact the materials were either drawn from unauthorised stores, or were misappropriated and sold, thereby causing wrongful loss to DESU and wrongful gain to the accused persons. The total value of the misappropriated material is Rs.5,83,019.02. It is further alleged that A1, knowing or having reason to believe that the said dockets were forged, used them as genuine, committed criminal breach of trust, and screened himself and other accused from legal punishment by causing the disappearance of material evidence and falsification of records, including manipulation of store and register entries. Hence as per the final report/charge sheet, the accused persons were alleged to have been committed the offences punishable under Ss. 120-B, 409, 467, 471 IPC and Ss. 5(1)(c) and 5(1)(d) read with Sec. 5(2) of the PC Act.

(3.) On 25/3/1985, the law was set in motion on receipt of secret information, based on which crime, RC23/1985-DLI was registered with the Anti-Corruption Branch, CBI, New Delhi, Police Station and investigation into the crime started. On completion of the same, PW16 submitted the charge-sheet/ final report alleging commission of the offences punishable under the aforementioned offences.