Case Note & Summary
The Central Bureau of Investigation prosecuted R. Dhankumar, S.P. Kamach, and Hiten P. Dalal before the Special Court for Trial of Offences Relating to Transactions in Securities at Mumbai in Special Case No. 1 of 1998. The case originated from RC No. 4(BSC)/93-BOM. The accused faced trial on charges including criminal breach of trust as public servants (Section 409 IPC), dishonestly receiving stolen property (Section 411 IPC), forgery (Section 465 IPC), falsification of accounts (Section 477A IPC), intentional omission to give information of offences (Section 202 IPC), and criminal conspiracy (Section 120B IPC). Additionally, accused nos. 1 and 2 were charged under Section 13(1)(c) and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988, for abusing their official positions to obtain undue pecuniary advantage for accused no. 3. The prosecution alleged that the accused committed these offences in connection with transactions in securities, leading to misappropriation of bank funds. Earlier, three co-accused were discharged from the case. The trial proceeded against the remaining three accused, who appeared on bail. After conclusion of arguments, judgment was reserved on November 19, 2010, and pronounced on November 26, 2010, by Judge J.H. Bhatia. The available text does not include the court's final decision or reasoning, and the outcome remains unascertained.
Issue of Consideration
Whether the accused are guilty of offences under Sections 409, 411, 465, 477A, 202 IPC and Section 13(1)(c) and 13(1)(d) read with Section 13(2) of Prevention of Corruption Act, 1988, and criminal conspiracy under Section 120B IPC
Law Points
- Criminal breach of trust by public servant
- misappropriation
- forgery
- falsification of accounts
- omission to give information
- abuse of official position
- conspiracy
Case Details
2010 LawText (BOM) (11) 22
Special Case No. 1 of 1998 in RC No. 4(BSC)/93-BOM
V.C. Gupte, R.S. Mhamane, Parvez Ubhare, Sunil Kale
Central Bureau of Investigation
R. Dhankumar, S.P. Kamach, Hiten P. Dalal
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Criminal trial for offences relating to transactions in securities, involving breach of trust, misappropriation of bank funds, forgery, and corruption.
Remedy Sought
Central Bureau of Investigation sought conviction of the accused for the alleged criminal offences.
Filing Reason
Alleged commission of offences of criminal breach of trust, misappropriation, forgery, falsification of accounts, omission to inform, abuse of official position, and conspiracy leading to undue pecuniary advantage.
Previous Decisions
Three co-accused (Vishnu Deuskar, Akash Rukhaiyar, Girija Shankar Sahoo) were discharged prior to trial.
Issues
Whether accused nos. 1 and 2, being public servants, committed criminal breach of trust under Section 409 IPC.
Whether the accused dishonestly received stolen property under Section 411 IPC.
Whether the accused committed forgery under Section 465 IPC.
Whether the accused falsified accounts under Section 477A IPC.
Whether there was intentional omission to give information of offences under Section 202 IPC.
Whether accused nos. 1 and 2 abused their official position to obtain undue pecuniary advantage for accused no. 3 under Sections 13(1)(c) and 13(1)(d) read with 13(2) of the Prevention of Corruption Act.
Whether all the accused were party to a criminal conspiracy under Section 120B IPC.
Judgment Excerpts
The accused Nos. 1, 2 and 3 face this trial for the offences of breach of trust and misappropriation of amount of the Bank, forgery, falsification of accounts, omission to give information of the offences committed, abusing the official position of accused Nos. 1 and 2 for obtaining undue pecuniary advantage to accused No.3 and conspiracy to commit all these offences punishable under Sections 409, 411, 465, 477A, 202 of IPC, under Section 13(1)(c) and 13(1)(d) read with section 13(2) of Prevention of Corruption Act read with Section 120B of IPC.
Procedural History
The case was investigated by CBI under RC No. 4(BSC)/93-BOM. Charges were framed against six accused; three were discharged. Trial commenced against R. Dhankumar (accused no.1), S.P. Kamach (accused no.2), and Hiten P. Dalal (accused no.3) before the Special Court. Judgment was reserved on 19.11.2010 and pronounced on 26.11.2010.
Acts & Sections
- Indian Penal Code, 1860: 409, 411, 465, 477A, 202, 120B
- Prevention of Corruption Act, 1988: 13(1)(c), 13(1)(d), 13(2)
