RANJIT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS judgment will dispose of above mentioned two criminal appeals filed by Ranjit Kaur and State of Punjab against each other as these arise out of the same judgment of conviction and order of sentence dated 10.5.2006 passed by learned Special Judge, Faridkot, whereby accused -Ranjit Kaur has been held guilty and convicted for the offences under Section 13(2) of the Prevention of Corruption Act (hereinafter referred to as 'the Act') and Sections 465, 471, 420 and 409 IPC. Accused -Ranjit Kaur has been sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 200/ - and in default of payment of fine to further undergo rigorous imprisonment for ten days for the offence under Section 13(2) of the Act. She has also been sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 250/ - and in default of payment of fine to further undergo rigorous imprisonment for fifteen days for the offence under Section 465 IPC. She has also been sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 250/ - and in default of payment of fine to further undergo rigorous imprisonment for fifteen days for the offence under Section 471 IPC. She has also been sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 500/ - and in default of payment of fine to further undergo rigorous imprisonment for one month for the offence under Section 420 IPC. She has also been sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 500/ - and in default of payment of fine to further undergo rigorous imprisonment for one month for the offence under Section 409 IPC. All the sentences have been ordered to run concurrently.

(2.) THE brief facts of the prosecution case are that on 28.5.1996, Harbans Singh, the then D.S.P.,Vigilance Bureau, Faridkot received information from a reliable source that Ranjit Kaur -accused, while posted as Junior clerk in Faridkot Central Cooperative Bank, Branch Sadiq, from 1982 to 1994 had withdrawn Rs. 7,90,000/ - from the accounts of many account holders/depositors in her official capacity and had misappropriated the said amount and had caused loss to the Government and the said account holders. On this reliable information, he sent 'Ruqa', on the basis of which formal FIR was registered at Police Station Vigilance Bureau, Ferozepore. As per the investigation, whenever any account holder came to the Bank to deposit the amount in his account, then Ranjit Kaur used to make fictitious entries in his passbook and personal ledger but did not make entries in the cash book, day book and general ledger of the Bank and used to keep that amount with her. This type of fraud she had played with many account holders. On coming to know of this fact, the then Manager of the Bank deputed Baldev Singh, Branch Manager, Bhushan Lal, Junior Accountant, Narinder Kumar Jain, Junior Accountant, Harbhajan Singh, Senior Assistant for tallying the balance for the period from 1982 to 1994 of the said Branch of the Bank and after going through the entire record of the Bank, a list was sent to the Head Office at Faridkot. It is also found in the investigation that in the year 1993, Harbans Singh, the then Senior Auditor had done the audit of the said Branch of the Bank and then he had prepared the special report in which it was found that Ranjit Kaur had embezzled the amount of Rs. 3,42,664/ -, Rs. 7,90,000/ - of the said Bank. It was also found during audit that the opening balance of the previous balance was not certified though they were signed by Ranjit Kaur and making it the basis, the above said report was prepared. During investigation, the statements of aggrieved depositors were recorded and their passbooks were taken into custody. Proper sanction for prosecution of Ranjit Kaur was received and then the challan was presented in the Court.

(3.) AS per prosecution version, only one FIR had been registered, but as per provision of 219 Cr.P.C. for three transactions in one calendar year separate challan w as prepared and presented and total 70 challans were presented. After necessary investigation, challan was presented.