Case Note & Summary
The applicant, Suresh S. Babu, accused No.12, filed an application for discharge in Special Case No. 4 of 1993 before the Special Court constituted under the Special Court (Trial of Offences Relating to Securities) Act, 1992. The prosecution case was that all seventeen accused, including the applicant, conspired to siphon out funds of a public financial institution. They were charge-sheeted for offences punishable under Sections 409 (criminal breach of trust), 467 (forgery of valuable security), 471 (using as genuine a forged document) of the Indian Penal Code, 1860, and Section 13 of the Prevention of Corruption Act, 1988. The applicant sought discharge on the ground that there was no prima facie case against him. The court, after hearing the applicant's counsel Mr. A.R. Khan and the Special Public Prosecutor Mr. V.C. Guote along with Mr. R.S. Mhamhe for the CBI, held that at the stage of framing of charges, the court is not required to weigh the evidence meticulously but only to see if a prima facie case exists. The court found that the prosecution had produced sufficient material to proceed against the applicant and that the applicant failed to show that no case was made out. Consequently, the application for discharge was dismissed.
Headnote
A) Criminal Procedure - Discharge - Prima Facie Case - Sections 227, 228 CrPC - The court considered whether the material on record was sufficient to frame charges against the applicant-accused No.12 for offences under IPC and PC Act - Held that at the stage of framing of charges, the court is not required to weigh evidence meticulously but only to see if a prima facie case exists - The application for discharge was dismissed as the prosecution had produced sufficient material to proceed (Paras 1-4). B) Criminal Conspiracy - Siphoning of Public Funds - Sections 409, 467, 471 IPC and Section 13 PC Act - The prosecution alleged that all seventeen accused, including the applicant, conspired to siphon out funds of a public financial institution - The court found that the role attributed to the applicant and the material on record justified framing of charges - Held that the applicant failed to demonstrate that no case was made out against him (Paras 2-4).
Issue of Consideration
Whether the applicant-accused No.12 is entitled to be discharged from the offences punishable under Sections 409, 467, 471 of the Indian Penal Code, 1860 and Section 13 of the Prevention of Corruption Act, 1988.
Final Decision
The application for discharge filed by the applicant-accused No.12 is dismissed.
Law Points
- Prima facie case
- discharge
- criminal conspiracy
- criminal breach of trust
- cheating
- forgery
- Prevention of Corruption Act
- 1988
- Indian Penal Code
- 1860
