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TMI Blog2003 (11) TMI 642X X X X Extracts X X X X X X X X Extracts X X X X ..... ntence under Sections 409, 467 and 471 IPC as also under Section 5(1)(c) and (d) read with 5(2) of the Prevention of Corruption Act. The appellant in Criminal Appeal 204 of 1997 namely L. Chandraiah has been sentenced to undergo rigorous imprisonment for a period of one year under Section 409 IPC and Section 5(1)(c) and (d) read with Section 5(2) of the Prevention of Corruption Act, and to undergo simple imprisonment for one month for the offence punishable under Section 467 IPC. So far as the appellant in Criminal Appeal No. 312 of 1997 namely Y.V. Kamesham is concerned he has been sentenced to undergo rigorous imprisonment for a period of two years under Section 409 and Section 5(1)(c) and (d) read with Section 5(2) of the Prevention of C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , from his post in the year 1987. A-6 is a student and is related to A-3 and was staying with A-3 as a tenant at Bellampally. 4. The case of the prosecution is that several recurring deposit accounts were opened in the said Sub-Post Office in the names of a large number of workers of M/s. Singareni Collieries Ltd. The amount contributed in the said account by the concerned workers was deducted from their wages and directly remitted to the Post Office by the management. Instead of remitting large number of cheques, a single cheque was remitted for the total sum and thereafter the Postal Authorities made the necessary entries in each account as per the list attached to the communication received from the management. The procedure prescribed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Prevention of Corruption Act. It, however, recorded a categorical finding that there was no evidence on record to support the case of conspiracy as there was no evidence to show that A-1, A-2 and A-3 acted pursuant to a common plan. 7. The trial court, however, observed that even if the evidence on record disclosed that the vouchers were prepared by A-3, the appellants who functioned as Sub-Post Master during the relevant period could have taken pains to verify the genuineness of the vouchers passed by them. They did not take requisite care before passing the vouchers and did not care to verify whether the vouchers were genuine or forged. In this manner they permitted a large number of fraudulent withdrawals on the basis of forged voucher ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tures and thumb impressions. The Expert opinions of PWs 48 and 49 confirm this fact. A-1 and A-2 cannot -be heard to say that in the routine manner they passed the vouchers when put up by A-3. It is their primary duty to compare the signatures and thumb impressions from the specimen signatures and thumb impressions available in the bank while passing the vouchers. They have to follow the procedure as stated by PW.1. They have certainly failed to do so with ulterior motive." 9. Learned counsel appearing on behalf of the appellants submitted that even on the finding recorded by the High Court the offence under Sections 409, 467, or 471 IPC is not made out and consequently no offence is made out under the Prevention of Corruption Act. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as made touching the discharge of such trust, or wilfully suffers any other person so to do. The crucial word used in Section 405 IPC is "dishonestly" and, therefore, it implies the existence of mens rea, that is to say a guilty mind. If there is no evidence to show that the appellants had knowledge that the vouchers were fabricated by A-3, it cannot be said that they acted with a criminal intent. It may be, and, as rightly observed by the courts below, that they acted in a negligent manner and if they had taken due care they would have detected the fraud, but they failed to do so. However, that by itself would not constitute an offence under Section 409 IPC though it may expose the appellants to disciplinary action under the rele ..... X X X X Extracts X X X X X X X X Extracts X X X X
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