IMPORTANT POINTS
(1) Criminal conspiracy, cheating and forgery by public servant – It may be a case of grave suspicion, but it is not a case where it can be said that prosecution established its case beyond reasonable doubt – Conviction and sentence quashed and set aside.
(2) Admissibility of electronic records – Certificate required under Section 65B(4) is a condition precedent to admissibility of evidence by way of electronic record.

JUDGMENT (CAV)

This appeal has been preferred by both appellants/convicts under Section 374(2) of the Code of Criminal Procedure (hereinafter referred to as ‘the Code’) challenging the judgment of conviction dated 21.02.2022 and order of sentence dated 28.02.2022 passed by learned Special Judge, CBI-1, Patna in Special Case No. 01 of 13 (arising out of R.C. No. 9(A) of 2013), whereby the concerned Trial Court has convicted appellant/convict Pawan Kumar Rajak in Cr. APP (SJ) No. 973 of 2022 for the offences punishable under Section 420, 467, 468, 471 of Indian Penal Code (in short “I.P.C.”), Section 13(2) read with 13(1)(d) of the Prevention of Corruption Act 1988 (in short the “P.C. Act”) and Section 120B read with Sections 420, 467, 468 and 471 and Section 13(2) read with Section 13(1)(d) of the P.C. Act and appellant/convict Aftab Alam in Cr. APP (SJ) No. 1346 of 2022 for the offences punishable under Section 420 of the IPC and Section 120B of IPC read with Sections 420, 467, 468, 471 and Sections 13(2) read with Section 13(1)(d) of the P.C. Act, where they have been sentenced accordingly:—

All aforesaid sentences are ordered to run concurrently.

2. The case of prosecution in brief is as under:-

This case was registered in CBI, ACB, Patna on 30.04.2013 on the basis of written complaint of Senior Divisional Manager, LIC Patna Division, Office-I Patna, (PW8/informant) against Pawan Kumar Rajak, Assistant LIC, Patna Sahib Branch, Patna City, Patna, Aftab Alam, LIC Agent, Patna Sahib Branch, Patna and six other accused persons named in the FIR. It has been alleged that Pawan Kumar Rajak (Assistant LIC) entered into criminal conspiracy with Aftab Alam (LIC Agent) and other accused named in the FIR and in pursuance thereof fraudulently debited Policy Loan account of the said branch for defalcating huge amount by using LIC software application and by using its “ADD Pay option” in policy loan payment module as well as preparing forged vouchers and by this way dishonestly and fraudulently withdrew sum of Rs. 82 Lakhs from the Policy Loan Account of LIC, Patna Sahib Branch. Apart from this Pawan Kumar Rajak (Assistant LIC) also removed all the vouchers of all the fraudulent payments. All the fraudulent vouchers were entered into the module by Pawan Kumar Rajak (Assistant LIC) having SR/Employee No. 339411, accessible only by him.

3. On the basis of aforesaid written complaint, CBI registered a case, as Special Case No. 01 of 2013 (R.C. No. 9(A) of 2013) dated 30.04.2013 for the offence punishable under Section 120B read with 201, 420, 467, 468, 471 of the IPC and also read with Sections 13(2) read with 13(1)(d) of the P.C. Act, whereafter the investigation, the police submitted charge-sheet no. 21 of 2013 under Section 120B read with 201, 420, 467, 468 and 471 of the IPC and Section 13(2) read with Section 13(1)(d) of the P.C. Act.

4. The learned trial court on the basis of materials collected during investigation, framed charges against appellant/convict Pawan Kumar Rajak for the offences under Section 13(2) read with Section 13(1)(d) of the P