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2016 Supreme(HP) 1593
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Rajiv Sharma, J.
State of Himachal Pradesh – Appellant
Versus
Vijay Singh and Others – Respondents
Cr. Appeal No. 512 of 2011
Decided On : 07-09-2016
For the Appellant :Mr. Parmod Thakur, Additional Advocate General.
For the Respondents:Mr. Anoop Chitkara and Mr. Naresh Kaul, Advocates.
The prosecution must provide sufficient evidence to prove the charges beyond a reasonable doubt.
Headnote:
Corruption - Prevention of Corruption Act - 120-B, 408, 420, 467, 468, 471, 201, 7, 13(1)(c), 13(2)
Fact of the Case:
The appeal is against the acquittal of the accused charged with offenses under various sections of the Indian Penal Code and the Prevention of Corruption Act. The prosecution alleged misappropriation of funds by the accused, who was the Secretary of a Co-operative Agricultural Society.
Finding of the Court:
The court found that the prosecution failed to prove the charges against the accused. It noted deficiencies in the evidence, including lack of proof of entrustment of money, failure to ascertain the existence of persons mentioned in the pro-notes, and lack of evidence of forgery. The court also held that the trial court's decision was not perverse and dismissed the appeal.
Issues: Failure to prove breach of trust, lack of evidence of forgery, and deficiencies in the investigation.
Ratio Decidendi: The prosecution must prove entrustment of money for breach of trust, ascertain the existence of persons mentioned in documents, and provide evidence of forgery. The appellate court will not interfere with a well-reasoned judgment unless it is perverse.
Final Decision: The appeal was dismissed, and the accused were acquitted.
Rajiv Sharma, J.
1. This appeal is instituted against Judgment dated 29.7.2011 rendered by the learned Special Judge, Kangra at Dharamshala (HP) in Corruption Case No. 3-N/2006, whereby the respondents-accused (hereinafter referred to as 'accused' for convenience sake), who were charged with and tried for the commission of offence under Sections 120-B, 408, 420, 467, 468, 471, 201 read with Section 120-B IPC and under Sections 7 and 13(1)(c) read with Section 13(2) of the Prevention of Corruption Act, have been acquitted.
2. Case of the prosecution, in a nutshell, is that the accused Vijay Singh was appointed as Secretary, Co-operative Agricultural Society, Khajjan, during the year 1992-93 and he was holding and maintaining the entire record of the society including accounts and cash of the society. Vijay, in the month of October, 1992 prepared four pro-notes in the pro-note register Ext. PW-1/A-2 in favour of Suram Singh, Prem Singh (Ext. PW-2/F), Chattar Singh (Ext. PW-2/G) and Darshan Singh (Ext. PW-2/H), each amounting to Rs. 4,000/- in which the loanees and the sureties were identified by accused Krishan Chand and Pancham Chand amongst others. Charan Singh, a founding member of the Co-operative Agricultural Society, Khajjan, came to know about the preparation of forged pro-notes in the name of aforesaid persons. He inquired from accused Vijay about the pro-note and money of the society. Charan Singh thereafter made a report against accused to the Assistant Registrar Co-operative Societies. Harnam Singh (PW-2) was entrusted with the inquiry by Assistant Registrar Co-operative Societies on 20.8.2002. He scrutinized the record of the society i.e. ledger Ext. PW-1/A-1. Harnam Singh PW-2 found that accused Vijay had advanced the loan on the pro-notes to the aforesaid persons mentioned in the pro-note and these loans were shown to have been recovered after a period of one year and interest of Rs. 225/- each was shown to have been charged. Vijay made entry showing that the loan had been repaid. PW-2 Harnam Singh submitted report Ext. PW-2/A to Assistant Registrar Co-operative Societies, Nurpur. On the basis of report, FIR Ext. PW-22/B was registered. Vijay was removed from the post of Secretary, Co-operative Agricultural Society, Khajjan and one Sukhdev Sharma (PW-18) took over the charge of Co-operative Agricultural Society, Khajjan from Inspector Gurbachan Singh. It is further alleged that as per audit note Ext. PW-1/C, society was having funds of Rs.53,000/- approximately but despite this, no amount was given in the charge to Sukhdev Sharma, which was due against Vijay. As such, no cash-in-hand was received by him. Sukhdev Sharma, after assuming charge of Secretary, had not received any proceedings book for the period prior to his joining which was maintained by the Secretary in which day-to-day proceedings were recorded relating to loan etc. Sukhdev Sharma, thereafter opened a new proceedings book Ext. PW-2/B-1 and mentioned about taking over charge and articles/items/documents which he had received/not received in the proceedings dated 28.10.1994 (Ext. PW-18/A). PW-18 Sukhdev Sharma after functioning as Secretary handed over the charge in 2002 to Mukta Sharma, Inspector, Inspector, Co-operative Societies and recorded handing over and taking over of the said fact in Ext.PW-2/B-1. During investigation, it was found that the loanees as mentioned in pro-notes were non-existent in the area of Gram Panchayat Oundh. Accused Vijay Singh made a statement Ext. PW- 2/C during the inquiry, confessing the misappropriation of amount and the circumstances under which it was done. Specimen handwriting and signatures of accused Vijay, Pancham Chand and Kishan Chand were taken before the Executive Magistrate, Sant Ram (PW-4). Signatures of Man Singh (PW-8) and Dhian Chand were also obtained before the Executive Magistrate, Sant Ram (PW- 4). Specimen handwritings of Karam Chand (PW-13) and Vakil Singh (PW-12) were also obtained before
