Prosecution must prove each accused's involvement in conspiracy and fraudulent activities beyond reasonable doubt; insufficient evidence can lead to acquittal.

COMMON JUDGMENT

A. The appeals :

These two appeals are directed against the judgment dated 12.10.2012 passed in C.C.No.4 of 2002 by the learned II Additional Sub Judge (CBI cases relating to Banks and Financial Institutions), Chennai. By that judgment, the trial court found the appellants in Crl.A.No.757 of 2012, tried as Accused 1 and 3, and the appellant in Crl.A.No.750 of 2012, tried as Accused No.2, guilty of the charges against them.

2. The appellants will hereinafter be referred to as A-1 to A-3 for convenience.

B. Details of Conviction & Sentence by the Trial Court:

3. After trial, the trial Court convicted and sentenced A-1 to A-3 as hereunder:

a.A-1 was convicted for the offences under Section 120-B IPC read with Sections 420 , 467 read with 471, 468 read with 471 and Section 13 (1)(d) read with (2) of the Prevention of Corruption Act, 1988 and was sentenced to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs.1,55,00,000/- (Rupees one crore and fifty five lakhs only), in default to undergo simple imprisonment for a period of six months.

b.A-2 was also convicted for the same offences, namely, under Section 120-B IPC read with Sections 420 , 467 read with 471, 468 read with 471 and Section 13 (1)(d) read with (2) of the Prevention of Corruption Act, 1988 and sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.10,000/- (Rupees ten thousand only), in default to undergo simple imprisonment for a period of two months.

c.A-1 to A-3 were convicted for the offence under Section 420 IPC and sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.10,000/- (Rupees ten thousand only), in default to undergo simple imprisonment for a period of two months.

d.A-1 to A-3 were convicted for the offence under Section 467 read with 471 and sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.10,000/- (Rupees ten thousand only), in default to undergo simple imprisonment for a period of two months.

e.A-1 to A-3 were convicted for the offence under Section 468 read with 471 IPC and sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.10,000/- (Rupees ten thousand only), in default to undergo simple imprisonment for a period of two months.

f.A-2 was convicted for the offence under Section 13 (1)(d) read with (2) of the Prevention of Corruption Act, 1988 and sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.10,000/- (Rupees ten thousand only), in default to undergo simple imprisonment for a period of two months.

g.A-3 being a firm, the trial Court directed A-1 to pay the fine amount imposed on A-3 and in default, A-1 to undergo the default sentence as awarded.

h.The fine amount of Rs.1,55,00,000/- (Rupees one crore fifty five lakhs only) was directed to be paid as compensation to Indian Bank and the same to be debited towards the loan account of A-1 and A-3.

i.All the sentences of imprisonment were directed to run concurrently.

4. It is stated that A-2 had paid the fine amount, while A-1 and A-3 have not paid the fine.

C. The Case of the Prosecution :

5. The case of the prosecution, in brief, is as under: On 08.05.2000, upon receiving information from S. Radhakrishnan, General Manager (VC) and Chief Vigilance Officer of Indian Bank, regarding an allegatio