Vinayak Narayan Deosthali Vs. CBI
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Head Note
Indian Penal Code,1860 - Section 409 , Section 467 , Section 471 , Section 120-B , Prevention of Corruption Act,1988 - Section 13 (1)
Special Court (Trial of Offences relating to Transactions in Securities) Act, 1992 - Section 10 - Appeal against conviction - Sentence - Reduction in sentence - The appellant unauthorisedly credited the amount to Metha's account by abusing his position in conspiracy with Mehta - The accused also issued bank receipts for security transactions without physical existence of securities which amounted to forgery - It is thus, safe to infer the abuse of position by the accused-appellant in conspiracy with and to the benefit of Mehta - Diversion of public funds by the accused amounted to criminal breach of trust by committing forgery/use of forged documents as well as offence under the provisions of the Corruption Act - PW-10, and PW-12, who were maintaining register for sale and purchase of securities could not show that the securities in question were physically available with the Bank when the bank receipts were issued by the accused which could be done only if securities were available - Held that the Special Court thus rightly held the charge to be proved - It was not necessary to prove that the accused had derived any benefit or caused any loss to the Bank - Mens rea is established from the fact that false Bank Receipts were issued for non-existent securities - The offences of conspiracy, forgery, misappropriation and corruption stand established - Conviction of the appellant affirmed - Having regard to totality of circumstances the ends of justice will be met if sentence of imprisonment is reduced to the period already undergone.
Topic(s)-Corruption - Sentence reduced