Fraud committed by a public bank officer through manipulation of loan accounts constitutes significant breaches of trust and results in affirmations of conviction under corruption and fraud statutes.

JUDGMENT :

A. BADHARUDEEN, J.

1. These criminal appeals have been filed under Section 374(2) of the Code of Criminal Procedure, 1973, by the sole accused in C.C. Nos.1/2000, 8/2003 and 9/2003 on the files of the Court of the Special Judge (SPE/CBI)-II, Ernakulam, challenging the conviction and sentence imposed by the Special Judge against him as per the common judgment dated 18.12.2009. The Central Bureau of Investigation (CBI) represented by the Special Public Prosecutor is arrayed as the sole respondent herein.

2. Heard the learned counsel for the appellant and the learned Public Prosecutor, in detail. Perused the common verdict under challenge and the records of the Special Court.

3. Parties in these appeals shall be referred as ‘accused’ and ‘prosecution’ hereafter.

4. The prosecution case in C.C. No.1 of 2000 is that, the accused who worked as Officer at the Union Bank of India, Alappuzha branch during the year 1995, while functioning as public servant in the capacity as Officer of the said bank, on 1.2.1995 by corrupt or illegal means and by abusing his official position as such public servant obtained for Sri. D. Joy, resident of Anil Bhavan, Araissery Valappu, Kommadi, Ward-2, Thumboli P.O., Alappuzha, pecuniary advantage to the tune of Rs.500/- by dishonestly making a false credit entry for Rs.500/- in his loan ledger folio No.52, after showing a corresponding false debit entry of Rs.500/- in the loan ledger folio 108/IX of M. Usmankutty, resident of Al- Amin, Civil Station Ward, Alappuzha wherein there was a genuine credit entry of Rs.500/- on 1.2.1995. Again on 29.5.1995 by corrupt or illegal means and by abusing his official position as a public servant, the accused obtained for the said D. Joy, pecuniary advantage to the tune of Rs.500/- by dishonestly making a false credit entry for Rs.500/- in his loan ledger folio No.52 after showing a false debit entry of Rs.500/- in the said loan ledger folio No.108/IX of the said Sri. Usmankutty, wherein there was a genuine credit entry of Rs.500/- on 29.5.1995. Again on 10.11.1995 by corrupt or illegal means and by abusing his official position as a public servant, the accused obtained for Sri A.Joseph, resident of Latheenpalliparambu, Vazhicherry Ward, Alappuzha, pecuniary advantage to the tune of Rs.500/- by dishonestly making a false credit entry for Rs.500/- in his loan ledger folio No.44/XVIII after showing a false debit entry of Rs.500/- in the loan ledger folio No. 108/IX of the said Sri. Usmankutty, wherein there was a genuine credit entry of Rs. 500/- on 10.11.1995.

5. Secondly, the accused while functioning as stated above, on 1.2.1995, 29.5.1995 and 10.11.1995 cheated the said M. Usmankutty by dishonestly debiting an amount of Rs.500/- from his loan ledger folio No.108/IX for the purpose of transferring the same to the credit of the said Sri. D. Joy and the said Sri. A. Joseph after falsely representing to the said Sri Usmankutty that the amount of Rs.500/- deposited by him on 1.2.1995 and 29.5.1995 were credited to his loan account and that his liability under the loan was reduced to that extent and after falsely representing to the said Sri. Usmankutty that the amount of Rs.500/- deposited by him on 10.11.1995 was credited to his loan account and that his liability under the loan was reduced to that extent.

6. Thirdly, the accused while functioning as such on 1.2.1995, 29.5.1995 and 10.11.1995 willfully and with intent to defraud falsified the books of account of the bank by respectively making aforesaid false credit entries in the loan ledger folio of the said Sri. D. Joy and Sri A. Joseph. On this premise, the prosecution alleges commission of offen