REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.576 OF 2010

RAM LAL

….Appellant

VERSUS

STATE OF HIMACHAL PRADESH

….Respondent

WITH

CRIMINAL APPEAL NO. 577 OF 2010

CRIMINAL APPEAL NO. 578 OF 2010

J U D G M E N T

R. BANUMATHI, J.

These appeals arise out of the judgment dated 22.12.2008

passed by the High Court of Himachal Pradesh at Shimla in

Criminal Appeal Nos. 710-712 of 2000 in and by which the High

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Digitally signed by

MAHABIR SINGH

Date: 2018.10.03

15:09:13 IST

Reason:

Signature Not Verified

Court affirmed the judgment passed by the trial court thereby

affirming the conviction of the appellant under Section 13(1)(C) read

with Section 13(2) of Prevention of Corruption Act, 1988 and under

Sections 409 and 477-A IPC and the sentence of imprisonment

imposed upon him.

2.

Briefly stated case of the prosecution is that accused was

employed as a Peon in the United Commercial Bank in January

1987. He was assigned the job of the Clerk as there was a

shortage of clerical staff in the bank and his job was of manning

Saving Bank accounts counter. His job was to receive money from

the account holders for deposit in Saving Bank accounts. He used

to make entries in their pass books in his own hand but would not

account money in the account books of the bank nor did he pass it

to the cashier. It is alleged that neither the appellant filled the pay-

in-slips nor was any deposit made in the scroll, daily case receipt

book and the cash payment book maintained by the cashier and he

used to pocket that money. When the depositors approached him

for withdrawals of money, he would make fake credit entries in the

ledger accounts and fill in the withdrawal slips and submit the same

to the officer concerned for payment. The Passing Officer misled by

the fake credit entry would allow the withdrawals. This way, the

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appellant caused wrongful loss to the bank to the tune of

Rs.38,500/- during the year 1994. When the fraud came to light, a

Committee of two officers namely, R.C. Chhabra (PW-3) and M.P.

Sethi was deputed to hold a preliminary enquiry and the Committee

noticed bungling of accounts by the appellant. After that, Enquiry

Committee recommended thorough investigation in the matter. After

the preliminary enquiry, FIR was registered against the appellant

under Sections 409, 468, 471, 477-A IPC and under Section 13(1)

(C) read with Section 13(2) of the Prevention of Corruption Act,

1988 (PC Act, 1988). After investigation, the appellant was charge

sheeted for the said offences.

3.

To prove the guilt of the accused, prosecution has examined

thirteen witnesses and produced documentary evidence. Upon

consideration of the oral and documentary evidence, the trial court

held that the appellant in his capacity as a public servant, had

misappropriated the money entrusted to him, in discharge of his

duty, as a public servant. The trial court convicted him for the

offences under Section 13(1)(c) read with Section 13(2) of the PC

Act, 1988 and Section 477-A IPC for falsification of accounts with

intent to defraud the Bank and he was sentenced to undergo

rigorous imprisonment for a period of two years along with a fine of

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Rs.5,000/. For the offence under Section 409 IPC, the appellant

was sentenced to undergo rigorous imprisonment for a period of five

years with a fine of Rs.5,000/- and all the sentences were directed

to run concurrently. The appellant was, however, acquitted for the

offences under Sections 468 and 471 IPC for the charge of forgery

by holding that the opinion expert is not precise. Being aggrieved

by the conviction, the appellant preferred the appeal before the High

Court which was dismissed by the impugned judgment.

4.

Learned counsel for the appellant contended that the

appellant was working as Peon in the bank and as per bank rules,

no clerical job can be assigned to Peon/sub-staff which was