An appellate court will not interfere with an order of acquittal unless the trial court's reasoning is perverse or illegal, particularly when prosecution evidence fails to establish criminal conspiracy and sanction for prosecution was granted without independent application of mind by the authority.

JUDGMENT

Per: Justice Ramkumar Choubey:

The appellant/Central Bureau of Investigation (C.B.I.) has preferred this criminal appeal under Section 378(3) of Cr.P.C. being aggrieved with the judgment dated 7.2.2023 passed by the Special Judge (PC Act), CBI, Jabalpur in ST No. 7100762/2015 and Special Case No.900005/2014, whereby the learned Special Judge has acquitted the respondents No.1 to 3 from the charges under Sections 420, 467, 468, 471 and 120-B of IPC and Section 13(2) r/w Section 13(1)(c) & (d) of Prevention of Corruption Act, 1988 (for short “PC Act”) and also acquitted the respondent No.4 from the charges under Sections 409, 477-A and 120-B of IPC.

2. The brief facts of the case are that complainants namely Neelam Nigam, Anita Singh, Purnima Shrivastava, Vijay Pandey, Shubhra Guha, Madhu Mishra and Amit Bansal have made a written complaint to the Officer Incharge of Police Station Kotwali, Satna that they have deposited the money through respondent No.4- Anand Sharma, who happens to be the agent of the Post Office, time to time under the Fixed Deposit Scheme. The respondents-accused also provided the FD receipts to the said depositors. At the time of withdrawal of the deposited money, it has come in the knowledge that no amount was deposited by respondent No.4 Anand Sharma with the Post Office. He made forged documents and he also withdrew money deposited with the account of the depositors fraudulently. On the basis of the aforesaid written complaint, an FIR vide Crime No.41/2014 was registered at the Police Station Kotwali, Satna. That apart, Krishna Kumar Dixit, Superintendent of Post Office, Rewa Division, Rewa has also submitted a written complaint dated 21.2.2014 to the Superintendent of Police, CBI, Jabalpur, stating that respondent No.4 Anand Sharma, who was working as Small Savings Agent at Satna in connivance with the respondents No.1 to 3 D.K.Upadhyay, Assistant Post Master (Saving Bank), Ramkalesh Harijan, Counter Clerk and Ku. Manorama Asati, Savings Bank Counter Clerk has fraudulently withdrew the total amount of Rs.21,66,474/- from the 07 Term Deposit accounts of Smt. Neelam Nigam, on the basis of forged signatures of Neelam Nigam and without obtaining original passbooks of all term deposit accounts. It was also alleged that the fixed deposit accounts of Neelam Nigam were unauthorizedly operated by the No.4-Anand Sharma in connivance with respondents No.1 to 3 and the amount deposited with the Saving Account No.137018 of Neelam Nigam, a sum of Rs.5,13,333/- was unauthorizedly transferred in the Saving Account No.128895 of respondent No.4. On the basis of aforesaid written complaint, the CBI, Jabalpur has registered an FIR vide Crime No. RC0092014A0002 on 24.2.2014 under Section 13(2) r/w 13(1)(d) and Sections 120-B , 420, 468, 471 of IPC against the respondents.

3. After completion of the investigation, the final report was submitted before the learned Special Judge (PC Act), CBI, Jabalpur. ST No.216/2014 was registered on the basis of final report submitted by the SHO of Police Station Kotwali, Satna with respect to Crime No.41/2014 and Special Case No.05/2014 was registered on the basis of final report submitted by the CBI.

4. In pursuance to the order dated 31.7.2015 passed by this Court in MCRC No.4384/2015, ST No.216/2020 pending before the First Additional Sessions Judge, Satna was transferred to the Court of Speci