Vinayak Narayan Deosthali Vs. Central Bureau of Investigation
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Head Note
Indian Penal Code,1860 - Section 409 , Section 120-B , Section 403 , Section 477-A , Section 109 , Prevention of Corruption Act,1988 - Section 13 (1) , (2)
Special Court (Trial of Offences Relating to Transaction in Securities) Act, 1992 - Section 10 - The entry indicates to transfer the securities into the UCO Bank's Account No. 065 (Brokers' Account) together with two other entries relating to other securities - Plea of appellant that it was merely a clerical mistake that the Account No. 032 was struck off and Account No. 065 was retained by accused No.2 repelled - The inclusion of securities in question in the said communication by the appellant in his own handwriting, establishes the fact that the appellant had willfully and with ulterior motive prepared the communication - The material on record unequivocally establishes that the wrong entry effected to the advantage of 'HM' (Accused No. 3) was not occurred as a result of an inadvertent error, but a planned misdeed done with mala fide intention - The ingredients of the offences for which the accused is charged has also been established beyond all reasonable doubt by the prosecution by adducing voluminous documentary evidence as well as oral evidence - Appeal liable to be dismissed.
Topic(s)-Corruption - Securities Scam - Conviction upheld