Summary
The Court upheld the convictions of two FCI employees for conspiracy, misappropriation of fertilizer bags and falsification of records. The defence chart was prepared after registration of the case and was not a regularly maintained record. The evidence concerning diverted consignments and false depot entries supported the concurrent findings.
Issues
- Whether the documentary and oral evidence undermined the concurrent findings of conspiracy, misappropriation and false receipt entries.
Provisions considered
- Sections 120B, 409 and 477A, Indian Penal Code, 1860The evidence of non-delivery, diversion and false receipt entries sustained the convictions for the connected offences. (¶¶ 3, 4, 5, 18, 19, 20, 21, 22)
- Section 5(1)(c) and (d), read with Section 5(2), Prevention of Corruption Act, 1947The Court declined to disturb the public servants’ convictions arising from the established misappropriation and conspiracy. (¶¶ 3, 4, 5, 22, 23)
Held
- The appellants’ responsibilities at the depot and the evidence concerning the consignments connected them with the false entries and non-receipt of the fertilizer bags. The chart relied on to show receipt had been prepared after the FIR and was not a record kept in the ordinary course. (¶¶ 18, 19, 20, 21)
- Evidence that one consignment was diverted elsewhere and another claimed vehicle was not used, considered with the depot records and witness evidence, supported the prosecution case. The asserted receipts did not establish a reasonable basis to reject the concurrent findings. (¶¶ 19, 20, 21, 22)
- The findings of conspiracy to misappropriate the bags and falsify the records were supported by the evidence and were not perverse. No ground for appellate interference was made out. (¶¶ 22, 23)
Result
Both appeals dismissed. Bail bonds cancelled; appellants directed to surrender within four weeks, failing which steps were to be taken to secure their presence to serve the sentence.