VidhiSangh

Supreme Court of India · 03/10/2018

RAM LAL versus STATE OF HIMACHAL PRADESH

[2018] 12 S.C.R. 857 · 2018 INSC 918

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Summary

The Supreme Court upheld a bank employee’s convictions for misappropriation and falsification of accounts, accepting the concurrent finding that his handwritten extra-judicial confessions were voluntary. The absence of a written order assigning him clerical duties did not absolve him when the evidence showed he performed that work. Corroboration was a rule of prudence rather than an invariable requirement for every detail. Considering the passage of time, the Court reduced the section 409 IPC sentence from five to three years while confirming the corruption conviction and its two-year sentence.

Issues

  1. Whether absence of written authorisation to perform clerical duties defeated responsibility for the proved misappropriation.
  2. Whether the extra-judicial confessions were voluntary and could support conviction.
  3. Whether the sentence required reduction given the age of the occurrence.

Held

Result

Appeals partly allowed only as to sentence: section 409 IPC imprisonment reduced to three years, convictions otherwise confirmed. Appellant to surrender within four weeks to serve the remaining sentence, failing which he was to be taken into custody.

Judgment PDF: Supreme Court of India, [2018] 12 S.C.R. 857.