Case Note & Summary
The appellant, who was accused no. 2, challenged his conviction by the trial court for offences of criminal conspiracy, cheating, criminal breach of trust, falsification of accounts, and corruption under the Indian Penal Code, 1860 and the Prevention of Corruption Act, 1988. He and the co-accused were employees of the National Seeds Corporation Ltd., a Government of India undertaking. The prosecution alleged that during 1996–1997 and 2000–2002, they conspired to misappropriate seeds worth over Rs. 24 lakhs and made false entries showing sales to government organizations, while actually effecting credit sales to private parties in violation of rules, causing a total loss of approximately Rs. 75.16 lakhs. They were also accused of fabricating invoices and using unauthorized rubber stamps. After investigation, a charge-sheet was filed, and the trial court framed charges, examined 26 witnesses and documentary evidence, and convicted both accused. The co-accused died during the pendency of his appeal, and the present appeal continued only on behalf of the appellant. The appellant’s counsel argued that the appellant was innocent and falsely implicated, that the evidence did not establish his role, that he was often away from office, and that the charge of criminal conspiracy was not proved. He relied on the principle that the prosecution must prove guilt beyond reasonable doubt as laid down in Kali Ram v. State of Himachal Pradesh. The respondent argued in support of the conviction. The provided judgment text is incomplete and does not contain the court’s analysis or final decision.
Issue of Consideration
Whether the conviction of the appellant under Sections 120B, 420, 409, 477A IPC and Sections 13(1)(c), 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988 was sustainable on the evidence adduced by the prosecution.
Case Details
2024 LawText (KAR) (09) 38
Criminal Appeal No. 1058 of 2011 (C)
Ramachandra D. Huddar, J.
Sri V. A. Rama Sharma, Smt. Ramula K, Sri P. Prasanna Kumar
State by Inspector of Police CBI
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Nature of Litigation
Criminal appeal against conviction under Sections 120B, 420, 409, 477A IPC and Sections 13(1)(c), 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988.
Remedy Sought
The appellant sought to set aside the judgment of conviction and order of sentence dated 03.10.2011 passed by the trial court in Spl.C.C. No.57/04 and to acquit the appellant of all charges.
Filing Reason
The appellant contended that he was innocent and falsely implicated, that there was no sufficient evidence linking him to the alleged conspiracy and misappropriation, and that the trial court erred in convicting him.
Previous Decisions
The trial court (XXXII Additional City Civil and Sessions Judge and Special Judge for CBI Cases, Bengaluru) convicted the appellant and co-accused for the offences on 03.10.2011 and sentenced them to imprisonment and fine. The co-accused's appeal (Crl.A. No.1116/2011) abated due to his death.
Issues
Whether the trial court erred in convicting the appellant without sufficient evidence linking him to the alleged conspiracy and misappropriation.
Whether the charge of criminal conspiracy under Section 120B IPC was proved beyond reasonable doubt.
Whether the appellant, as Area Manager, could be held liable for the acts of the co-accused in the absence of evidence of his direct involvement.
Submissions/Arguments
Appellant argued that he was innocent and falsely implicated; the charge was not properly framed; evidence of PWs. 2 to 4 showed he had no role and was often away from office; accused no.1 was in charge of the store; no material linked the appellant to the misdeeds; criminal conspiracy was not proved; the first information report and charge sheet cited different misappropriation amounts; he relied on Kali Ram v. State of Himachal Pradesh to urge that the prosecution must prove guilt beyond reasonable doubt.
Judgment Excerpts
the appellant i.e. original accused no.2 has taken exception of conviction and sentence imposed upon him by way of judgment and order dated 3rd October 2011 ... convicting him for the offences punishable under Sections 120-B read with 420, 409, 477A of IPC and Sections 13(1)(c) & (d) read with Section 13(2) of Prevention of Corruption Act, 1988
It is alleged in the report that during the years 1996-97, 2000-2002, the accused persons, inter se, conspired themselves to cheat the Corporation and in furtherance of common intention, misappropriated seeds for several lakhs of rupees.
accused no.2, now by name G.Ansar Pasha, was working as Area Manager in the said office from July 1995 onwards, so he was also overall in charge of the NSC Hassan.
Procedural History
Based on investigation report, a crime was registered in RC No.12-A/2002 on 19.02.2002. Investigation was conducted, search warrants availed, statements recorded, documents collected, and sanction obtained. Charge sheet was filed. Trial court took cognizance, secured presence of accused, and enlarged them on bail. Charges framed, accused pleaded not guilty. Prosecution examined 26 witnesses (PW.1 to PW.26) and marked Ex.P1 to P167. Defence marked Ex.D1 to D18. Accused examined under Section 313 Cr.P.C., denied the charges, no defence evidence led. Trial court convicted and sentenced accused on 03.10.2011. Appeals filed by both accused. During pendency, accused no.1 died and his appeal abated. Present appeal continued by accused no.2.
Acts & Sections
- Indian Penal Code, 1860: 120B, 420, 409, 477A
- Prevention of Corruption Act, 1988: 13(1)(c), 13(1)(d), 13(2)
- Code of Criminal Procedure, 1973: 374(2), 313
