The appellate court can overturn acquittals where the trial court's findings are perverse or unsustainable based on evidence, emphasizing the need for appropriate sentencing in cases of conspiracy and financial fraud.

JUDGMENT :

(K.K. RAMAKRISHNAN, J.)

CBI filed this appeal under Section 377(2) of Cr.P.C. to allow the Criminal Appeal, (i) to enhance the sentence imposed on the Respondent/Accused-9 Asmath Kamal Choudry by the learned II Additional District and Special Judge for CBI Cases, Madurai, by virtue of judgment dated 26.05.2017 at par with the sentence imposed on other accused persons for the offences punishable u/sec.120-B r/w 420 IPC and (ii) to convict the Respondent/Accused-9 Asmath Kamal Choudry for the offences punishable u/sec.120-B r/w 419, 467, 468, 471 r/w 511 IPC and additional charges u/sec.120-B r/w 420, 419, 467, 468, 381, 471 r/w 511 IPC.

2. The respondent in Crl.A.(MD).No.406 of 2019 was originally arrayed as A9 in the C.C.No. 5 of 1998 on the file of the II Additional District Court for CBI Cases, Madurai.

3.Brief facts of the case:

He and others are said to have committed offences under section 120 (b) r/w. 419, 420, 467, 468, 471 and 511 of I.P.C. and 381 of I.P.C. and section 13 (2) r/w. 13 (1)(d) of P.C. Act 1988. The CBI registered the cases in R.C5,6 &8/S/94/CBI/SCB/MAS on 11.03.1994 on the strength of the source information alleging that the appellant and other persons had entered into conspiracy and stealthily removed two blank DD books each containing 100 leaves bearing numbers 008901 to 009000, one from bank of India, DN Road Branch Bombay and another D.D book containing 100 leaves bearing numbers 536901 to 537000 from to the Bank of Maharashtra, Ghatkoper East Branch, Bombay in the year 1992 and 1993. Thereafter they forged signature of the bank officials of Mumbai and fabricated four demand drafts of bank of india , bombay bearing Nos. 008925, 008927, 008928 and 008926 for the value of Rs.38,35,800/- and presented in the fictitious account opened by A1 in the name of Sri Murugan textile by giving fictitious address and impersonating himself as Ramesh as proprietor of the said textile in the Canara Bank, Ramnad Road Branch, Madurai with the active participation of A2 (Sub Staff with the Canara Bank) and A5 (Manager of the said branch). A1 presented the forged DDs on various dates and credited the amount in fictitious account and clandestinely withdrawn the said amount through two bearer cheques in the fictitious names of Ganesan and Venkatachalapathy with the active aid of A2 and A5 and further attempted to encash cvertain amount by presenting two forged DD bearing Nos.536901 and 7593 in the bank of Maharastra, which created suspicion and enquiry was made and the act of forgery was found out. Therefore, the said attempt was aborted. Thereafter, on receiving the source information, CBI registered various cases in R.C5,6 &8/S/94/CBI/SCB/MAS on 11.03.1994 and conducted the investigation and filed the common final report in the above three crime numbers against the appellant and other persons as stated below :-

A1.Raveendran,

A2.Balasubramanian,

A3. Nana Mahadev Jadav

A4. Prakash RAmachandra Payer

A5.Abdul Aziz

A6.Salim Siraj Gilani

A7.Ramasamy

A8.Muthukrishnan,

A9.Asmat Kamal Choudhry @ Hashmat Khan

3.1. The II Addi