TMI Blog2018 (10) TMI 310X X X X Extracts X X X X X X X X Extracts X X X X ..... same. Rule of Prudence does not require that each and every circumstance mentioned in the confession with regard to the participation of the accused must be separately and independently corroborated Mere allegation of threat or inducement is not enough; in the court’s opinion, such inducement must be sufficient to cause a reasonable belief in the mind of the accused that by so confessing, he would get an advantage. As pointed out by the trial court and the High Court, though the confession statement has been initially made in the presence of R.C. Chhabra (PW-3) and M.P. Sethi by the appellant, no question was put to R.C. Chhabra (PW-3) that extrajudicial confession (Ex.-PW3/A) was an outcome of any threat, inducement or allurement. The statement which runs to eleven sheets has been held to be made by the appellant voluntarily. Likewise, confession statement (Ex.-PW-2/A) made before R.K. Soni (PW-2) was in the handwriting of the appellant made in the presence of R.K. Soni (PW-2) and H.O. Agrawal, the then Assistant Chief Officer (Inspection). Here again, it was not suggested to R.K. Soni (PW-2) that Ex.-PW-2/A was outcome of some threat or pressure. We do not find any good groun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 appellant caused wrongful loss to the bank to the tune of ₹ 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 entruste ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Cash Clerk for shortage of staff. He further stated that while the appellant was so working as Cash Clerk, the appellant used to receive cash from the depositors for depositing the same in their Saving Bank accounts and used to make the entries in the Cash Book then and there and return the pass book to the customers by pocketing the cash so given to him without making any credit entry in the ledger. A.K. Gupta (PW-10) further stated that generally the pay-in-slip is filled in by the depositor himself; but in order to pocket the money, appellant-Ram Lal filled up the pay-in-slip. PW-10 further stated that subsequently, when the depositors used to visit the Bank for withdrawal of the cash from their Saving Bank accounts, appellant- Ram Lal used to make false credit entries in the ledger books and after making the debit entries in their accounts, he used to hand over the cash to the customers. 8. The duty of the Peon was, of course, only to clean up the office and other work in the office like moving files etc. There was, of course, no office order in writing authorising the appellant to perform the duties of Clerical Cadre. But in his evidence, A.K. Gupta (PW- 10) has stated tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is own handwriting, in his presence and in the presence of his co-investigator H.O. Aggarwal and the appellant-accused admitted having received money from various account holders, for being deposited in their Saving Bank accounts and having made entries in their pass books. In his confession statement, the appellant also admitted that he did not account for the money, but misappropriated the same and that when the account holder visited the bank for the withdrawal of the money, he used to make fake credit entries in the ledger folio of their accounts and on the basis of those fake entries, withdrawals used to be made. 11. Contention of the appellant is that the confession statement of the appellant was not voluntary and PWs 2 and 3 were persons in authority who have pressurised the appellant to make the confession and therefore, Ex.-PW-3/A and Ex.-PW-2/A cannot be said to have been made voluntarily and cannot form the basis for conviction. 12. Placing reliance upon Ajay Singh v. State of Maharashtra (2007) 12 SCC 341, it was contended that extra-judicial confession can only form basis of conviction if it is voluntary and person to whom confession is made should be unbiase ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ely inimical to the accused, and in respect of whom nothing is brought out which may tend to indicate that he may have a motive of attributing an untruthful statement to the accused. 15.6. Accepting the admissibility of the extra-judicial confession, the Court in Sansar Chand v. State of Rajasthan (2010) 10 SCC 604 held that: 29 . There is no absolute rule that an extra-judicial confession can never be the basis of a conviction, although ordinarily an extra-judicial confession should be corroborated by some other material. [Vide Thimma and Thimma Raju v. State of Mysore (1970) 2 SCC 105, Mulk Raj v. State of U.P. AIR 1959 SC 902, Sivakumar v. State By Inspector of Police (2006) 1 SCC 714 (SCC paras 40 and 41 : AIR paras 41 and 42), Shiva Karam Payaswami Tewari v. State of Maharashtra (2009) 11 SCC 262 and Mohd. Azad alias Shamin v. State of W.B. (2008) 15 SCC 449] 14. It is well settled that conviction can be based on a voluntarily confession but the rule of prudence requires that wherever possible it should be corroborated by independent evidence. Extra-judicial confession of accused need not in all cases be corroborated. In Madan Gopal Kakkad v. Naval Dubey and An ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the confession statements (Ex.-PW-3/A and PW-2/A) were voluntarily made and that the same can form the basis for conviction. We do not find any good ground warranting interference with the said concurrent findings. 17. In so far as the conviction under Section 13(1)(c) read with Section 13(2) of PC Act, 1988, the appellant was sentenced to undergo rigorous imprisonment for two years. For conviction under Section 477-A IPC, the appellant was sentenced to undergo rigorous imprisonment for two years. For conviction under Section 409 IPC, the appellant was sentenced to undergo rigorous imprisonment for five years. The occurrence was of the year 1992- 94. Considering the passage of time and the facts and circumstance of the case, the sentence of imprisonment imposed on the appellant is reduced to three years. 18. In the result, the conviction of the appellant under Section 13(1)(c) read with Section 13(2) of the Prevention of Corruption Act, 1988 and sentence of imprisonment of two years is confirmed. The conviction under Sections 477-A IPC and 409 IPC is confirmed and the sentence of imprisonment under Section 409 IPC is reduced to three years. These appeals are accordingly pa ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
