RAM GOPAL versus CENTRAL BUREAU OF INVESTIGATION, DEHRADUN

Citation: [2019] 9 S.C.R. 663 · Decided: 22-07-2019 · Supreme Court of India · Bench: ASHOK BHUSHAN · Disposal: Dismissed

Judgment (excerpt)

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RAM GOPAL
v.
CENTRAL BUREAU OF INVESTIGATION, DEHRADUN
(Criminal Appeal No. 1085 of 2019 etc.)
JULY 22, 2019
[ASHOK BHUSHAN AND NAVIN SINHA, JJ.]
Penal Code, 1860:
ss.120-B, 420, 467, 468, 471, 477-A and 201 r/w ss. 13(1)(d)
and 13(2) of Prevention of Corruption Act, 1988 – Conviction under
– Of bank employees – For opening fictitious account, depositing
certain amount therein and withdrawal therefrom by seventeen
cheques – Propriety of – Held: It is proved that fraud was committed
in a systematic manner by persons well acquainted with banking
procedures – No defence evidence that the appellants (bank
employees) had no access to records of the Bank – Evidence of
their involvement is clinching – Conviction upheld.
Dismissing the appeals, the Court
HELD : 1. It is an undisputed fact that a fictitious account
was opened without proper verification in accordance with the
banking procedures.But that does not appear to have been the
subject of investigation and which could have revealed more facts
with regard to the nature and manner of the embezzlement that
has taken place, including the persons involved in the same.  The
trial court has rightly observed that in accordance with banking
procedures, the opening of the account, the deposits in the same
and withdrawals could not have been the handiwork of the
appellants alone. But merely because the investigation may not
have been of the standard and nature that it ought to have been,
cannot enure to the benefit of the appellants in view of the nature
of materials and evidence available against them. [Para 6]
[665-G-H; 666-A-B]
2. The validity of the sanction against the appellants for
prosecution, who were undisputedly employed as messenger and
assistant clerk respectively in the same branch, has been proved
   [2019] 9 S.C.R. 663
663
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SUPREME COURT REPORTS
[2019] 9 S.C.R.
by PW-1 and PW-2. The evidence is sufficient to establish
conspiracy. [Para 7] [666-C, E]
3. The fraud was committed in a systematic manner by
persons well acquainted with banking procedures. The appellants
were also the employees of the Bank.  There is no defence
evidence that they had no access to records of the Bank at any
stage to commit the offence attributed to them.  On the contrary,
the evidence of their involvement is clinching. They also had
access to the vouchers and ledgers as part of their normal duties.
Even the specimen signature card was made to disappear
replaced by a torn paper.  Therefore there is no reason to interfere
with the conviction of the appellants. [Paras 8 and 9] [666-G-H;
667-A]
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal
No. 1085 of 2019.
From the Judgment and Order dated 05.09.2017 of the High Court
of Judicature at Allahabad in Criminal Appeal No. 1226 of 2013.
With
Criminal Appeal No. 1086 of 2019.
S. S. Kulshestha, Sr. Adv., Ajeet Pandey, Danish Zubair Khan,
Rameshwar Prasad Goyal, Advs. for the Appellant.
Mukul Singh, Rajat Nair, Arvind Kumar Sharma, Mukesh Kumar
Maroria, Advs. for the Respondent.
The Judgment of the Court was delivered by
NAVIN SINHA, J. 1. Leave granted.
2. The appellants assail their conviction under  Sections  120-B,
420, 467, 468, 471, 477-A, 201, I.P.C. read with Sections 13(1)(d) and
13(2), Prevention of Corruption Act.
3. The Central Bureau of Investigation registered an F.I.R. on
12.04.1994 based on the statement of the Assistant General Manager,
State Bank of India, Ghaziabad with regard to the opening of a fictitious
Bank account on 13.07.1992 in the name of one Raj Kumar.  Soon
thereafter by separate forged credit entries between the period 23.07.1992
to 31.10.1992, deposit of Rs.3,22,056.00 was made in the account.
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Subsequently on different dates a sum of Rs.3,22,000.00 was withdrawn
by seventeen cheques leaving a balance of Rs.322.85. Originally two
clerks of the Bank, Dinesh Kumar Sharma and Smt. Vandana Kundra
were named as accused along with other unknown persons. The names
of the appellants transpired during investigation leading to the submission
of charge sheet against them only, and after conclusion of the trial they
were convicted.
4. Learned counsel for the appellants contended that they have
been made scapegoats while the original named accused have been
wrongly exonerated during investigation. The sanction for their
prosecution was not in accordance with law. There is no evidence that
the appellants were instrumental in any manner with regard to opening
of the fict

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