DIPANKAR THAKUR Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) By filing the present appeal the appellant called in question the legality and validity of the judgment and order of conviction dated 18.12.2014 passed by the learned Special Judge, C.B.I. Court at Alipore in Special Case No. 24 of 1994 whereby the learned Trial Court has convicted the accused/appellant.

(2.) Filtering out unnecessary details, the prosecution case in a capsulated form is such that one Somnath Naha Roy came for refund of a ticket issued at Calcutta Airport on 10.06.1994. The said ticket pertained to Delhi Madras Delhi Sector issued in the name of Shri Somnath Naha Roy. When the ticket was presented for refund, some suspicion arose and passenger (Somnath Naha Roy) was advised to come on the next day. But on that day the said Somnath Naha Roy did not turn up the other hand he obtained refund of the ticket from Indira Gandhi International Airport Booking Office on the same day i.e. 10.06.1994. Preliminary investigation conducted by the Indian Airlines revealed that office coupon of this ticket was issued for the Sector Calcutta Bag Dogra Calcutta in the name of an infant "Gupta" and the fare charge was Rs.200/- only whereas in the ticket issued to the passenger shown it was Rs.10,824/- and the Sector as mentioned above has been shown as Delhi Madras Delhi. In this way a sum of Rs.10,624/- was pilferaged. They have raised their doubt against the present appellant for causing the mischief. Disclosing this incident F.I.R. was lodged and the law was set into motion. After registration of F.I.R. the Investigating Officer has recorded the statement of the witnesses under Section 161 of Cr.P.C., collected material documents, obtained expert opinion in regard to the handwriting and signature and thereafter has submitted charge-sheet.

(3.) The defence case as it appears to me from the trend of crossexamination and examination of the accused under Section 313 of Cr.P.C. is his innocence and that he has been falsely implicated.