STATE OF U P Vs. RAVI PRAKASH SRIVASTAVA

JUDGEMENT

(1.) Heard Sri Sanjay Tripathi, learned AGA for the State and Sri Ram Tiwari, learned counsel for the accused-respondent and perused the record.

(2.) This present Government Appeal has been preferred against the judgment and order dated 11.2.2003 passed by the learned Additional Sessions Judge, Court No.3, Jhansi in Special Case No.3 of 1987 whereby the accused-respondent has been acquitted for the offence punishable under Sections 409/420/468/471 I.P.C. and 5/11 Prevention of Corruption Act, 1947.

(3.) The prosecution case in brief is that; one Kalika Prasad Srivastava had given an application to the Superintendent of Police, Jhansi on 10.5.1977 Ex. Ka.-15 with an allegation that he along with his wife had open a saving bank account in United Commercial Bank, Bada Bazar, Jhansi. Thereafter, he deposited Rs.14,000/-, 400/- 300/- and 300/- on 16.11.1974, 16.2.1976, 19.6.1976 and 22.6.1976 respectively in the said account. In the year 1974, he was transferred from District Jhansi and was living outside the District but he had neither withdrawn any money from his account nor he had authorized any person to operate his account. When he was transferred to Manikpur then he came to know that his passbook has been lost, for which he made an application to an employee of the Bank, namely, Ravi Prakash Srivastava, requesting him to issue a duplicate passbook. It was further stated that in April, 1986 he for the first time came to know that Rs.9000/- has been fraudulently withdrawn from his account, for which he had given a written complaint on 13.4.1976 to the bank authorities Ex. Ka.-13 and requested them to pay back his amount, but all his efforts were in vain. On 9.5.1977, the informant again went to the Bank and submitted a Cheque No. AS/17-701172 amounting to Rs.15,000/- for withdrawing the money but the payment was not made to the informant. It was stated by him that Rs.8,800/- has been withdrawn by the employees of the Bank fraudulently. On the basis of the said written report, an FIR (Ex. Ka.-18) being Case Crime No.182 of 1977 for the offence under Sections 409/420/468/471 I.P.C. and 5 (1) (C) of Prevention of Corruption Act, 1947, Police Station-Kotwali, District Jhansi was lodged against the accused-respondent.