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2024 Supreme(Telangana) 127

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K. Lakshman, J.
A.Narsing Rao - Appellant
Versus
The State of Telangana - Respondent
Criminal Appeal Nos.1391, 1572 and 1382 of 2017
Decided On : 22-03-2024

Advocates appeared:
Nageshwara Rao Pappu, for the Appellant; Anandi, Special Public Prosecutor for CBI, for the Respondent.

The prosecution must prove guilt beyond reasonable doubt; reliance on extra-judicial confessions without corroborative evidence is insufficient for conviction.

Headnote:(A) Indian Penal Code, 1860 - Sections 120B, 409, 411, 420, 471, 511 - Prevention of Corruption Act, 1988 - Sections 13(1)(d), 13(2) - Criminal conspiracy, theft, criminal breach of trust, forgery, and cheating - Accused Nos.1, 3, and 4 convicted by trial court for various offences; appeals filed against conviction - Trial court found that accused No.1, as Deputy Manager, was involved in a conspiracy to steal blank demand drafts and facilitate their fraudulent use, leading to significant financial loss to the bank - The court imposed sentences including rigorous imprisonment and fines - The appeals were allowed, and the convictions were set aside due to lack of direct evidence and failure to establish a complete chain of circumstantial evidence. (Paras 3, 4, 134)

(B) Extra-judicial confession - The court emphasized that such confessions are weak evidence and require corroboration to support a conviction - The trial court's reliance on the extra-judicial confession of accused No.1 was deemed erroneous due to lack of supporting evidence. (Paras 55, 70)

(C) Burden of proof - The prosecution failed to prove the guilt of the accused beyond reasonable doubt, leading to the conclusion that the trial court's findings were contrary to the evidence presented. (Paras 132, 134)

JUDGMENT

K. Lakshman, J. - Heard Mr. Nageshwara Rao Pappu, learned senior counsel for appellant - accused No.1 in Crl.A. No.1391 of 2017, Mr. E. Uma Maheshwar Rao, learned counsel representing Mr. Enuganti Sudhanshu Rao, learned counsel for appellant - accused No.4 in Crl.A. No.1382 of 2017, Mrs. N. Sasikala, learned counsel for the appellant -accused No.3 in Crl.A. No.1572 of 2017 and Mrs. S. Anandi, learned Special Public Prosecutor for CBI appearing on behalf of respondent.

2. Criminal Appeal No.1391 of 2017 is filed by accused No.1 challenging the judgment dated 15.11.2017 in C.C. No.33 of 2007 passed by the Principal Special Judge for CBI Cases, Hyderabad, while Criminal Appeal No.1382 of 2017 is filed by accused No.4 and Criminal Appeal No.1572 of 2017 is filed by accused No.3 challenging the very same judgment.

3. Vide the aforesaid judgment, dated 11.11.2017, the trial Court found the appellants - accused Nos.1, 3 and 4 guilty of the charge under Section - 120B of IPC. Apart from the above charge, the appellant - accused No.1 was also found guilty of the charges under Section - 409 and Section - 13 (2) read with 13 (1) (d) of the Prevention of Corruption Act, 1988 (for short 'Act, 1988'), accused No.3 was found guilty of the charge under Section - 411 of IPC and accused No.4 was found guilty of the charges under Sections - 420, 420 read with 511, 471 and 471 read with 511 of IPC and accordingly imposed respective sentences of imprisonment in the following manner:

    i) Accused Nos.1, 3 and 4 were sentenced to undergo rigorous imprisonment for a period of three (03) years each and to pay a fine of Rs.10,000/- (Rupees Ten Thousand Only) each and in default to undergo simple imprisonment for a period of seven (07) days each for the charge under Section - 120B of IPC.

    ii) Accused No.1 was further sentenced to undergo rigorous imprisonment for a period of five (05) years and to pay a fine of Rs.25,000/- (Rupees Twenty Five Thousand Only) and in default to undergo simple imprisonment for a period of fifteen (15) days for the charge under Section - 409 of IPC. He was further sentenced to undergo rigorous imprisonment for a period of three (03) years and to pay a fine of Rs.10,000/- (Rupees Ten Thousand Only) and in default to undergo simple imprisonment for a period of seven (07) days for the charge under Section - 13 (2) read with 13 (1) (d) of the Act, 1988.

    iii) Accused No.3 was further sentenced to undergo rigorous imprisonment for a period of three (03) years and to pay a fine of Rs.25,000/- (Rupees Twenty Five Thousand Only) and in default to undergo simple imprisonment for a period of fifteen (15) days for the charge under Section - 411 of IPC.

    iv) Accused No.4 was further sentenced to undergo rigorous imprisonment for a period of three (03) years and to pay a fine of Rs.50,000/- (Rupees Fifty Thousand Only) and in default to undergo simple imprisonment for a period of one (01) month for the charge under Section - 420 of IPC. He was further sentenced to undergo for a period of one (01) year and to pay a fine of Rs.25,000/- (Rupees Twenty Thousand Only) and in default to undergo simple imprisonment for a period of fifteen (15) days for the charge under Section - 420 read with 511 of IPC on two counts. He was also sentenced to undergo for a period of five (05) years and to pay a fine of Rs.2,00,000/- (Rupees Two Lakhs Only) and in default to undergo simple imprisonment for a period of three (03) months for the charge under Section - 471 of IPC. He was further sentenced to undergo for a period of two (02) years and to pay a fine of Rs.1,00,000/- (Rupees One Lakh Only) and in default to undergo simple imprisonment for a period of one (01) month for the charge under Section - 471 read with 511 of IPC on two counts.

4. The case of the prosecution is as under:

    i) In pursuance of a criminal conspiracy with accused Nos.2 to 6, eighteen (18) Demand Draft (DD) Forms were stealthily removed from the safe custody of State Bank of Hyderabad (SB

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