R RAMESH Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) The above three criminal appeals are filed by the accused A1 to A3, who were found guilty of offence under Sections 120(B) r/w 420, 419, 468, 468 r/w 471, 467, 467 r/w 471, 201 of Indian Penal Code and Section 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988. As for A1(S.T.Sangathurajan), the substantive offence under Section 201 of the Indian Penal Code and Section 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988 and as for A2(Jageer Hussain), the substantive offence under Sections 468 (3 counts), 468 r/w 471 (3 counts); 420 (3 counts), 419 (4 counts), 467(9 counts), 467 r/w 471 (9 counts); and as for A3(Ramesh), the substantive offence under Sections 468 r/w 471(3 counts), 420 (3 counts), 419(4 counts), 467(6 counts), 467 r/w 471 ( 6 counts). The maximum period of imprisonment for all these three accused imposed was one year and totally the fine amount imposed on A1 is Rs. 8,000/-; A2(Jageer Hussain) is Rs. 32,000/- and A3(Ramesh) is Rs. 26,000/-. One of the accused (A4) was found not guilty and acquitted from all the charges.

(2.) The brief facts of the prosecution case as found in the final report is that A1(S.T.Sangathurajan) while working as Upper Division Clerk (in short "UDC") in the office of Employees Provident Fund, Royapettah and Tambaram, entered into the criminal conspiracy with A2 (Jageer Hussain), A3 (R.Ramesh) and A4 (Abubacker), during the period from 1994 to 1998 to cheat the Employees of Provident Fund Department. Pursuant to the said conspiracy, four Provident Fund Application forms were prepared by A2(Jageer Hussain) in the names of N.Neelakandan for Rs. 50,000/-; C.Kothandam for Rs. 50,000/-; P.Muthukrishnan for Rs. 50,000/- and V.Ramesh for Rs. 1,24,000/-. The loan sanctioned based on the fraudulent application forms prepared by A2 (Jageer Hussain) was encashed through Saving Bank Accounts opened at Anna Road, Head Post Office, T.Nagar Head Post Office and REPCO Bank, Pallavaram by A2 impersonating as N.Neelakandan, C.Kothandam, P.Muthukrishnan and V.Ramesh. The amounts so deposited were withdrawn on various dates from these accounts.

(3.) A3(V.Ramesh) had forged the application forms in the name of P.Sekar for Rs. 25,000/-; U.Jayaraman for Rs. 17,500/-; P.Ramachandran for Rs. 4,500/- and R.Venkataramani for Rs. 50,000/- by forging the signatures of the above said persons and to encash the loan amount, Saving Bank Accounts at Anna Road Head Post Office, T.N.Nagar Head Post and TNSC Bank, Royapuram were opened by A3 impersonating as P.Sekar, R.Venkataramani, U.Jayaraman and P.Ramachandran. Later, the amounts were withdrawn by A3 (R.Ramesh) through cheques and withdrawal slips and also transferring to the other accounts.