SHAKUNTLA VATS Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The appellant is the wife of the absconding accused Sita Ram Vats. He remained posted as Sub-Post Master in Sub Post office Kiari, Tehsil Kotkhai, District Shimla, H.P. w.e.f. 1986 to 1990. The appellant was convicted and sentenced for the offence punishable under Section 120-B of the Indian Penal Code read with Section 13(2) of the Prevention of Corruption Act.

(2.) In brief, the prosecution story goes like this. Sub-Post Office, Kiari was a one man office, where Sita Ram Vats aforesaid was working as a sub-Post Master. A large number of National Saving Certificates, Kisan Vikas Patras, Indira Vikas Patras and Social Security Certificates, valuing lacks of rupees were entrusted to him in his capacity as a Sub Post Master, Kiari to sell them to the intending purchasers. He is alleged to have sold securities worth Rs. 23,79,950/-, but he misappropriated the same and did not account for it. It was further alleged that some of the National Saving Certificates and Indira Vikas Patras were not shown having been sold in the name of his minor children and his wife the appellant. The appellant and her husband hatched a conspiracy to misappropriate some of the securities and to cheat some bank and in execution of the illegal designs, her husband Sita Ram issued Indira Vikas Patras worth Rs. 1,15,000/- and National Saving Certificates worth Rs. 30,000/- in the name of his wife, the appellant and raised a loan to the tune of Rs. 70,000/- against the security of Indira Vikas Patras and Rs. 19,500/- against the security of National Saving Certificates from the State Bank of India, Kiari branch. Neither the appellant nor her husband had made the payments of Indira Vikas Patras and National Saving Certificates aforesaid nor her husband in the capacity of sub-Post Master, had shown its sale to her in the books maintained in the sub-post office. When the Indira Vikas Patras and National Saving Certificates matured on its maturity date, these securities were presented by the bank to the head Post Officer at Shimla to collect its maturity value as neither the appellant nor her husband repaid the loan amount, but the postal authorities did not release the maturity value, on the ground that it was never purchased by the appellant, nor its entry was in the official records. Then the State Bank of India filed a suit for recovery of the amount against the postal authorities, which was decreed with interest to the tune of Rs. 3,67,365/-. The Director, postal authorities lodged an inquiry and during the inquiry, it was found that Sita Ram and Shakuntla both were involved in the aforesaid scant. The matter was sent to the S.P., Central Bureau of Investigation, Chandigarh and Report No. 5/1991 CHG was registered. During the investigation of this case, the Central Bureau of Investigation took into possession the entire records of the securities maintained in the sub-post office Kiari and also in the head post office at Shimla. The specimen signatures of the appellant were taken by the Investigating Officer before the Bank Manager at Jaipur where she was residing and sent for its examination to the Government Examiner of Questioned Documents alongwith disputed National Saving Certificates and Indira Vikas Patras, alleged to have been pledged with the State Bank. On the conclusion of the investigation, it was found that the appellant and her husband Sita Ram both were involved in the case and Sita Ram had misappropriated Rs. 23,79,950/- out of the sale proceeds of the various securities entrusted to him.

(3.) The challan was presented against the appellant and Sita Ram aforesaid under Section 120-B, 468, 471 and 420 of the Indian Penal Code. Sita Ram had absconded, therefore, proceedings against him were initiated under Section 82 Cr.P.C., but he did not turn up, as such, the charge was framed against the appellant under the aforesaid sections and Sita Ram was declared as proclaimed offender. The appellant pleaded not guilty to the charge and claimed trial.