S K BHATIA Vs. C B I

JUDGEMENT

(1.) Appellant has preferred this appeal challenging his conviction and sentence for commission of offence punishable under Section 409 of the Indian Penal Code, 1860 (IPC for short) and Section 13 (1) (c ) read with Section 13 (2) of the Prevention of Corruption Act, 1988 (for short 'the Act') as ordered by the Special Judge vide judgment/ order dated 7.4.2003/ 8.4.2003 in R.C. No.16/95 dated 2.5.1995 /CBI/CHD.

(2.) Prosecution story, in brief, is that the appellant was posted as Incharge, State Bank of India, Extension Counter at Jawahar Lal Nehru College, Faridabad ('the college' for short). During the year 1990-92, appellant had received certain amounts on different dates from the saving account holders for depositing the same in their accounts but the appellant had failed to deposit the same in the accounts of the account holders, although he had returned the counterfoils of the pay slips duly signed and stamped to the depositors.

(3.) After completion of investigation and necessary formalities, challan was presented against the appellant. Charge was framed against the appellant for commission of offence punishable under Sections 420, 468, 471, 409 IPC and 13 (2) read with Section 13 (1) (d) and 13 (1) (c) of the Act, to which he did not plead guilty and claimed trial.