2015 Supreme(Del) 367

High Court of Delhi
SIDDHARTH MRIDUL, J.
Rekha Sharma & Others - Appellant
Versus
Central Bureau of Investigation –Respondent
CRL.A. Nos. 124, 152, 159, 165, 170 to 175, 186 to 189, 194, 198, 204 to 206, 213, 231, 237, 238, 245 to 253, 255 to 258, 260, 268 to 271, 277, 293, 295, 301, 303, 313, 334, 340, 346, 369, 374, 379, 381, 416 of 2013
Decided On : 05-03-2015

Headnote:

Criminal Procedure Code, 1973 - Section 197 - Penal Code, 1860 - Sections 418, 467, 471 - Prevention of Corruption Act, 1988 - Section 13, 19 - Sanction - Criminal proceedings - Public servant - Significance of Sanction order - A-6 to A-62 are committee members and Chairpersons that have been convicted under IPC as well as under PC Act - Sanction orders have only been obtained with respect to A-1, A-3, A-13, A-24, A-28, A-36, A-39, A-54 and A-59 - Rest of the accused persons had retired and, therefore, sanction was not obtained with respect to them - Demonstration of total anarchy in the governance, wherein more than 50 senior and seasoned public servants indulged in commission of act of forgery at the behest of their superiors - All were integrally part of the well designed conspiracy to give effect to this employment scam of vast magnitude - Second set of award lists were consciously created and were substituted for the original award lists after breaking open the sealed almirah - Acts exhibit contrivance and brazen criminal misconduct, committed-consciously to execute the ends of conspiracy - Argument with regard to omission in obtaining sanction is rejected.

Criminal Procedure Code, 1973 - Section 313 - Incriminating circumstances - Omission - Effect of - Accused has opportunity to explain the evidence in support of the charge against him at trial - Court is under a legal obligation to put the incriminating circumstances before the accused and solicit his response - Omission on the part of the trial judge to put all incriminating evidence to the accused would not ipso facto vitiate the trial - Omission, if any, has to be judged through the scale of corresponding prejudice caused that results in miscarriage of justice.

Evidence Act, 1872 - Section 30 and 133 - Quality of evidence - Evidence under section 133 of the Indian Evidence Act is of superior quality and higher pedestal then evidence/ material under Section 30 of the Indian Evidence Act.

Evidence Act, 1872 - Section 73 - Handwriting and Signature specimens - Admissibility of - Admissibility of the report of the handwriting expert - Handwriting and signature specimens were obtained in blatant disregard of all prescribed procedure - Report of the expert and analysis of handwriting and signature specimens of the accused persons cannot be rendered inadmissible on the ground that it was obtained in violation of prescribed procedure.

Penal Code, 1860 - Section 24, 25, 418 - Deceitful act - Wrongful loss - If the deceitful act willfully exposes anyone to the risk of loss, there is fraud - Prosecution is not obligated to prove actual wrongful loss but even risk of loss brings the act within the purview of the term "fraudulently" - This is also in consonance with the ingredients of section 418 IPC, wherein as highlighted earlier, the likelihood of wrongful loss is sufficient to constitute the said offence.

Penal Code, 1860 - Section 34 - Conspiracy - Fake award lists - Pressurizing the committee - Consequences of - Complicity of A-3 - Preparation of fresh/fake award lists - A-3 had a very prominent role in execution of the entire conspiracy - In fact he was the main executor and was explicitly involved in carrying out the instructions of A-4 by pressurizing the committee members to commit illegal acts - His consistent false stand taken at every opportunity during the trial is an additional circumstance that proves his guilt and his role in the conspiracy - Held, over whelming evidence that has emerged against A-3 competes the chain of circumstances pointing towards the guilt of A-3.

Penal Code, 1860 - Section 34 - Conspiracy - Testimony of co-accused - Effect of active participation - Involvement of A-2 in selection scam - A-2 first tried to pressure PW-23 in a meeting held in Haryana Niwas to change the award lists - Second attempt was made by him at the residence of A-1 by pressurizing PW-23 in the presence of PW-16 and PW-26 - Testimony of A-3 proves that A-2 was present along with A-l and A-3 in the guest house of Water Supply, where as per M.L. Gupta (PW-56) some Chairpersons and the members were asked to take the copy of award lists - A-2 actively pressurized and threatened the other chairpersons and the members of the District Level Selection Committees on 01.09.2000 in Haryana Bhawan - Held, a complete chain of evidence is available about him being an active participant in the entire conspiracy from beginning to the end.

Penal Code, 1860 - Section 90 - Conspiracy - Evidence - Benefit under Section 90 - All appellants have pleaded pressure from their seniors to sign the lists or transfer to remote places on refusal to sign - There is fundamental difference between them and Brij Mohan - Brij Mohan has given positive evidence of pressure - Some committee members were in sync with the main conspirators while others may have been genuinely threatened - There is no evidence distinguishing the two - Bald assertions in the Section 313 statement are not sufficient to absolve them of a guilty intent - Brij Mohan was not tendered pardon by the prosecution in accordance with the procedure or even if the discharge of Brij Mohan is held to be illegal, his evidence tendered at trial would remain admissible.

Penal Code, 1860 - Section 120-B, 418, 467, 471 - Prevention of Corruption Act, 1988 - Section 13(2), 13(2), 13(1)(d) - Scam - Illegal appointments of teacher - Involvement of public servant - Scope of imprisonment - District Selection Committee Members have a bounden duty to uphold the law and fiercely protect the confidence bestowed upon them on taking charge of their office - These appellants were entrusted with the task of judging merit of prospective junior teachers and awarding them with appointments - Being pressurized by their bosses to aid and assist in preparation of another list devoid of any merit - Appellants (A-6 to A-62) were under immense pressure to commit these crimes - Appellants A-6 to A-62 (except A-49 and those who expired or were discharged) to rigorous imprisonment for a period of two years and a fine in the sum of Rs. 1,000/- each for the offence under Section 13(2) of Prevention of Corruption Act.

Penal Code, 1860 - Section 415 - Cheating - Property - Meaning of - Haryana Government was induced by the fraudulent acts of the accused, to deliver 'property'-appointment letters in favour of persons - Apex Court has held that the connotation "property" includes any document having value in the hands of its holder and may not necessarily possess pecuniary worth - Appointment Letter would unquestionably be a species of such documents which may be termed as 'property' for the purpose of Section 415 of the IPC.

Penal Code, 1860 - Section 415, 24, 25 - Cheating - Pecuniary advantage - Dishonesty - Fraudulently - It is not the requirement of law for the prosecution to prove the actual wrongful loss and mere likelihood or risk of loss is sufficient to bring the acts of the accused within the four corners of Section 418 of IPC - Act of cheating can be proved through either dishonest or fraudulent intention - Haryana Government was induced by the dishonest acts of the appellants, to deliver 'property'-appointment letters in favour of persons that were not entitled to receive the same - Held, challenge to invoking of Section 418 IPC against the appellants stands rejected.

Penal Code, 1860 - Section 463, 464, 467, 471 - Forgery - Selection list - Held, valuable security - There are two sets of lists - Both containing the signatures of relevant committee members - On the basis of which the results were declared and appointments were made, are the fake lists - Trial Court has returned a finding of guilt under Sections 467 and 471 IPC with regard to the committee members - Selection lists do not create a legal right of appointment most definitely; however, they do create a valid legal right to be considered for appointment - Appointments were subsequently made on the basis of these fake award lists that were implemented - Held, selection lists were a valuable security so as to be denuded from the purport of Section 467 IPC - Offence under Sections 467 and 471 IPC have been duly proved by the prosecution.

Prevention of Corruption Act, 1988 - Section 13(2) r/w Sections 418, 467, 471 of Indian Penal Code, 1860 - JBT Teachers Scam in Haryana - An ingenious employment scam spanning across eighteen (18) districts of State of Haryana was given effect to by persons at the helm of power and the entire bureaucratic machinery fell prey to its satanic influence - Authors of the present crime were essentially public servants; who were duty bound to preserve and uphold the dignity of law - Nature of the present crime, its magnitude, ramifications, designed manner of execution and the deleterious impact on the society at large, warrants a strict view, lest, justice be rendered sterile - Common thread between appellants A-1, A-2, A-3, A-4 and A-5 is the flagrant disregard towards the system - Each one of them played a role in disrupting the established process to achieve their object - Being Chief Minister of Haryana, capable of much hope and an inspiration to the youth of the State and cheating them of their future deserves punishment of the highest kind - Convictions and sentences of A-1 to A-5 deserve no interference - Appeals dismissed.

Penal Code, 1860 - Section 120-B, 418, 467, 471 - Prevention of Corruption Act, 1988 - Section 13(2) - Reduction of sentence - Scam - Corruption - Cheating - Disrupting public servant - Scope of - Process of appointing competent teachers was vilify and not spared from the malaise of corruption - Such scams not only result in dissemination of poor quality education to the millions of children - Common thread between appellants A-1, A-2, A-3, A-4 and A-5 is the flagrant disregard towards the system - Each one of them played a role in disrupting the established process to achieve their object - Disrupting public servant and compelling them to abandon their otherwise perfect career records - Mercy towards A-4 - A-4 was the Chief Minister of Haryana, capable of much hope and an inspiration to the youth of the State - Cheating them of their future deserves punishment of the highest kind - Appellant committee members also are all mostly senior citizens, respectable teachers either retired from government service or nearing retirement - A-4 has played a role in sharing their guilt as well - Sentence of A-1 to A-5 remains unchanged - Sentences imposed on all the appellants shall run concurrently - Appeals stand dismissed.