YASHPAL DHIMAN Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Assailing the judgment dated 27.6.2011, passed by learned Sessions Judge, (Special Judge), Shimla in Session Trial C.C. No.28-S/7 of 2005, titled as Central Bureau of Investigation, Shimla versus Yash Pal Dhiman, appellant has filed the present appeal under the provisions of Section 374 of the Code of Criminal Procedure, 1973.

(2.) It is the case of the prosecution that accused Yashpal Dhiman was working as a Clerk with the Canara Bank Baddi Branch. Complaint was received by the Central Bureau of Investigation with regard to the functioning of the accused. After initial investigation, F.I.R. No.RC CHG2004A0019 dated 23.8.2004 (Ex.PW47/1) was registered at Police Station, CBI/SPE/ACB, Chandigarh, under the provisions of Sections 408, 420, 467, 468, 471, 477-A, of the Indian Penal Code and Section 13(2) read with Section 13 (a) (c) of the Prevention of Corruption Act, 1988. Investigation revealed that the accused had been receiving money from various customers of the bank in cash and instead of depositing the same in their separate accounts, was putting it to his personal use. Also, he forged documents for making various debit and credit entries with respect to the account holders of the bank. He would issue debit and credit notes. He opened accounts of his acquaintance, which he would conveniently use to show and reflect balance as per need and requirement of various customers. Investigation further revealed that with regard to the accounts of Hans Raj (PW-1) Yash Pal (PW-2), Ram Krishan (PW-3) and Ram Dass (PW-4), accused misappropriated and converted to his own use a sum of Rs. 7,00,000/-; Rs. 3,80,000/-; Rs. 4,63,000/- and Rs. 9,50,000/- respectively. In fact, accused caused loss to the customers of the bank to a sum of Rs. 24,40,000/- by misappropriating the amounts. Investigation further revealed that bank initiated disciplinary action against the accused and in the inquiry he was held guilty of having mis-conducted himself by the Inquiry Officer Sh. K. K. Kakkar (PW-30), which also resulted into his termination from the service.

(3.) After completion of investigation, Challan was presented in the Court for trial. The accused was charged for having committed offences punishable under the provisions of Sections 408, 420, 467, 468, 471, 477-A, of the Indian Penal Code and Section 13(2) read with Section 13 (a) (c ) of the Prevention of Corruption Act, 1988, to which he did not plead guilty and claimed trial.