Smt. Chandrakala Devi vs The State Of Mp on 11 March, 2026

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    Chattisgarh High Court

    Smt. Chandrakala Devi vs The State Of Mp on 11 March, 2026

    Author: Parth Prateem Sahu

    Bench: Parth Prateem Sahu

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                                                               2026:CGHC:11753
                                                                             NAFR
    
                     HIGH COURT OF CHHATTISGARH AT BILASPUR
    
                                   CRA No. 2660 of 1999
    PAWAN
    KUMAR                                                  Reserved on:       02.02.2026
    JHA
    Digitally                                               Delivered on: 11.03.2026
    signed by
    PAWAN
    KUMAR JHA
                                                           Uploaded on : 11.03.2026
    
           •   Smt. Chandrakala Devi W/o Hariram Agrawal, aged 45 years,
               Housewife, R/o Jail Durga Auto Centre Saraipali, Police Station
               Saraipali, District Mahasamund (M.P.) (now C.G.)
                                                              --- Appellant/Defendant
                                           versus
    
           1. State of Madhya Pradesh through the C.B.I.
                                                 ---Respondent/Plaintiff

    ____________________________________________________________
    For Appellant : Mr. Ravindra Sharma, Advocate
    For Respondents : Mr. Vaibhav A. Goverdhan,
    Adv and Ms. Anuja Sharma, Adv

    Hon’ble Shri Justice Parth Prateem Sahu
    C.A.V. Judgment

    SPONSORED

    1. Challenge in this appeal is to the judgment of conviction and order of

    sentence dated 30.09.1999 passed by learned Fifth Additional

    Sessions Special Judge (CBI), Jabalpur in Special Case No. 2/96,

    convicting and sentencing the appellant in following manner.

                         CONVICTION                            SENTENCE
    
                 U/s 420/120B of IPC             R.I. for 2 years and fine of ₹ 5000 in
                                                       default, R.I. for 6 months
    
                 U/s 468/471/120B of IPC         R.I. for 1 year and fine of ₹ 3000 in
                                         2 / 19
    
    
    
                                                   default, R.I. for 6 month
    
                                              R.I. for 1 year and fine of ₹ 3000 in
         U/s 477A/120B of IPC
                                                    default, R.I. for 6 month
    
         U/s    13(1)(d)/13(2)   of     the   R.I. for 1 year and fine of ₹ 4000 in
         Prevention of Corruption Act read          default, R.I. for 6 month
         with Section 120B of IPC
    
    
    
    

    2. The prosecution case, in brief, is that accused B.P. Rautre was posted

    as Clerk/Special Assistant at the Central Bank of India, Saraipali

    Branch, in April 1992. He entered into a criminal conspiracy with co-

    accused/ appellant Chandrakala Devi to defraud the said bank. In

    pursuance of the alleged conspiracy, on 30.04.1992, accused B.P.

    Rautre withdrew a sum of ₹ 20,000/- from H.S.S. Account No. 2442

    belonging to Surendra Kumar Saluja and ₹10,000/- from H.S.S.

    Account No. 4978 belonging to Upendra Kumar Bhoi. Out of the said

    amounts, ₹20,000/- was transferred, through a transfer voucher, to

    H.S.S. Account No. 3666 standing in the name of accused

    Chandrakala Devi. It is alleged that, despite having knowledge of

    balance of only ₹460.57/- in her account, accused Chandrakala Devi

    issued Cheque No. 3963 dated 30.04.1992 for ₹40,000/-. Before

    detection of the alleged irregularities, she closed the said account.

    According to the prosecution, by issuing the cheque and receiving the

    amount which had been transferred through illegal means, accused

    Chandrakala Devi dishonestly induced the bank to part with ₹40,000/-

    and thereby committed fraud.

    3. Upon receiving information regarding the fraud at the Saraipali Branch,

    Shri C.K. Pandey conducted a preliminary inquiry on the directions of

    the Chief Internal Auditor and submitted his report. Thereafter, the
    3 / 19

    matter was handed over to the CBI. On the basis of the information

    received, the Superintendent of Police, CBI, Jabalpur registered FIR

    bearing RC No. 54(A)/92 dated 30.11.1992 and entrusted investigation

    to Inspector Devendra Singh. During investigation, various documents

    were seized, witnesses were examined, and specimen handwriting and

    signatures of concerned persons ie., Tulsiram Sahu, N.K. Meher,

    Umeshchand Guchhayat, Upendra Kumar Bhoi and accused

    Chandrakala Devi, Narsingh Sahu etc., were obtained and sent to the

    Government Examiner of Questioned Documents, Central Forensic

    Institutes, Calcutta. After completion of investigation and receipt of the

    expert report, investigating agency concluded that the accused persons

    had committed offences punishable under Sections 120B, 420, 468,

    471, 477-A of the Indian Penal Code and Section 13(1)(d) read with

    Section 13(2) of the Prevention of Corruption Act, 1988. As accused/

    appellant Chandrakala Devi was not a public servant and accused B.P.

    Rautre had already been separated from service, no sanction for

    prosecution was obtained, and a charge-sheet was filed before the

    competent court.

    4. During trial, accused B.P. Rautre remained absconding and was

    declared so by the court. Charges were framed against accused

    Chandrakala Devi for the offences under Sections 420, 468, 471, 477-A

    read with Section 120-B of the Indian Penal Code and Section 13(1)(d)

    read with Section 13(2) of the Prevention of Corruption Act.

    5. Appellant denied the charges, pleaded innocence and falsely

    implicated and prayed for trial. Prosecution examined as many as 8

    witnesses on its behalf namely P.C. Lunia, Retd. Senior Manager
    4 / 19

    (P.W.-1), Umeshchand Gucchayat, Probationary Officer in Central Bank

    of India (P.W.-2), Sureshchand Gupta (P.W.-3), Upendra Kumar Bhoi

    (P.W.-4), T.R. Sahu, Branch Manager (P.W.5), Surendra Kumar Saluja

    (P.W.6), C.K. Pandey, Internal Auditor (P.W.-7) and Devendra Singh,

    Inspector (P.W. 8). Statement of appellant was recorded under Section

    313 of Cr.P.C. in which she denied all incriminating evidence appearing

    against her and pleaded innocence and false implication. No witness

    was examined in defence on her behalf.

    6. Trial Court upon appreciating oral and documentary evidence available

    on record, held that prosecution proved beyond reasonable doubt that

    accused/appellant had committed the offence under Sections 120-B,

    420, 468, 471, 477-A of the Indian Penal Code and Section 13(1)(d)

    read with Section 13(2) of the Prevention of Corruption Act, 1988 and

    accordingly, convicted and sentenced her in the manner as described

    above.

    7. Learned counsel for appellant submits that learned trial court erred in

    accepting the case of prosecution that the co-accused B.P. Rautrai,

    employee of the Bank, has withdrawn amount of ₹ 30,000 from the

    other account holders and deposited in the account of appellant on

    30.04.1992 and on the same date the amount had been withdrawn and

    the fact of withdrawal of ₹ 40,000 from appellant was admitted by

    appellant in her statement recorded under Section 313 of CrPC. He

    would submit that the learned court below fell into error in not

    considering that the ledger account which is produced and proved as

    Ext. P-3, which would show that the amount of ₹ 20,000 was deposited

    on 22.04.1992 and 23.04.1992 and subsequently it has been
    5 / 19

    withdrawn on 30.04.1992. It is contention of learned counsel for

    appellant that from the nature of allegation and the documents,

    prosecution could not able to prove in clear terms the deposit of the

    amount of ₹ 40,000 in the account of appellant, which is stated to be

    deposited on 30.04.1992, as there is no documentary evidence

    specifically mentioning the date of deposit to be 30.04.1992. He would

    also submit that document Ext. P-3 (ledger) has been proved by two

    witnesses ie., PW-2, Umeshchand Gucchayat, and PW-7, Shri C.K.

    Pandey. Both the witnesses have not made any submission with regard

    to the date appearing in Ext. P-3 as 22/23.04.1992 on which date ₹

    20,000 each was deposited in the account of appellant. Appellant has

    taken specific defence and made categorical statement in her

    statement recorded under Section 313 of CrPC that amount of ₹

    40,000 was deposited by appellant in her account prior to 30.04.1992,

    however, after signing the cheque, she handed over the cheque to the

    bank employee trusting upon him to withdraw the same. Accordingly

    the amount was withdrawn on 30.04.1992. There is no other evidence

    in record to suggest that the alleged amount of ₹ 40,000 which is

    stated to be withdrawn by co-accused B.P. Rautre from the accounts of

    other account holders of bank was deposited in the account of

    appellant on 30.04.1992. In absence of such evidence, prosecution

    could not able to prove withdrawal of amount of ₹ 40,000 fraudulently

    from the account of others by B.P. Rautre and its deposit in the account

    of appellant in connivance with the appellant and further withdrawn the

    said amount by hatching conspiracy with the co-accused. Appellant in

    this case has been convicted for offence under Sections 420, 468, 471,
    6 / 19

    477-A read with Section 120-B of the Indian Penal Code and Section

    13(1)(d) read with Section 13(2) of the Prevention of Corruption Act.

    8. Learned counsel for respondent-CBI would oppose the submission of

    learned counsel for appellant and would submit that learned Trial court

    upon appreciating the evidence brought on record by the prosecution

    has rightly convicted appellant. He contended that document Ext. P-3

    is a document seized by prosecution agency from the bank and the

    witnesses proved it ie., PW-3 and PW-7 who categorically made

    statement before the court that deposit entry made are of 30.04.1992.

    9. I have learned counsel for the parties and also perused the record of

    trial court.

    10. The core question involved in this appeal is whether the prosecution

    has proved offence of criminal conspiracy against appellant for

    punishing her under Section 120-B IPC, beyond reasonable doubt.

    11. Undisputedly, when Internal Audit department received information

    under instructions of Chief Internal Auditor of Central Bank, of

    some irregularities committed by B.P. Rautre, Clerk/ Special

    Assistant at Central Bank of India, Saraipali Branch, Shri C.K.

    Pandey PW-7, conducted enquiry at Central Bank of India, Saraipali

    Branch. In the enquiry, he found that B.P. Rautre, Clerk, by forging

    withdrawal forms, withdrew an amount of ₹ 40,000/- (₹ 20,000 each)

    from bank accounts of Surendra Kumar Saluja and Upendra Kumar

    Bhoi. This information was forwarded to the CBI, based upon which,

    crime was registered. Initially, FIR was registered only against Bank

    employees and during the course of investigation, appellant was

    also arrayed as an accused. After completion of investigation, in
    7 / 19

    charge-sheet, only two persons were made accused, ie appellant and

    B.P. Rautre, Clerk, at Branch, Saraipali.

    12. Shri C.K. Pandey was examined before trial Court as PW-7. In his

    evidence, he stated that in January 1992, he was posted as Internal

    Auditor in Saraipali Branch of Central Bank of India. He stated names

    and account numbers of the account holders from which B.P. Rautre

    had withdrawn amount by forging withdrawal forms/vouchers. He

    further stated that H.S.S. Account No. 3666 belonged to appellant Smt.

    Chandrakala Devi.

    13. PW-2, Umesh Chand Gucchayat, Probationary Officer in his evidence,

    stated that he is well known to B.P. Rautre as he worked with him in the

    bank, he is also aware of his handwriting and his signature. Vide Ext.

    P-3, ledger of account No. 3666 of appellant-Smt. Chandrakala Devi,

    there are entries of depositing ₹ 20,000 twice on 30.04.1992 by

    transfer. He further stated that Ext. P-5 and Ext. P-6 are the ledger of

    H.S.S. Account No. 4978 of Mr. Upendra Kumar and H.S.S. Account

    No. 2442 of Mr. Surendra Kumar Saluja. In both the accounts there are

    entries of withdrawing of ₹ 20,000 each on 30.04.1992. The said

    entries were made by B.P. Rautre. In his cross-examination also, he

    stated that on 30.04.1992, vide Ext. P-5 & P-6, H.S.S. account, there

    are entries of withdrawing ₹ 20,000 each made by B.P. Rautre, and

    there is no signature or handwriting of Chandrakala Devi.

    14. Appellant is punished with aid of Section 120-B of IPC alleging that she

    is party to a criminal conspiracy to commit an offence, as committed by

    other co- accused (absconding). Section 120-A of IPC defines criminal

    conspiracy and Section 120-B IPC provides punishment for criminal
    8 / 19

    conspiracy. Elements of criminal conspiracy have been stated to be (a)

    an object to be accomplished; (b) a plan or scheme embodied means

    to accomplish that object; (c) an agreement or understanding between

    two or more of the accused persons, whereby they become definitely

    committed to cooperate for the accomplishment of the object by the

    means embodied in the agreement, or any or by any effectual means

    and; (d) in the jurisdiction, where the statute required an overt act.

    Conspiracy consists not merely in the intention of two or more, but in

    the agreement of two or more to do an unlawful act by unlawful means.

    So long as such a design rests in intention only, it is not indictable.

    15. Undoubtedly, in cases involving the offence of criminal conspiracy,

    direct evidence of agreement between the accused persons is seldom

    available. The very nature of the offence is such that it is generally

    hatched in secrecy. The essential ingredient of the offence is the

    existence of an agreement between two or more persons to commit an

    illegal act, or to commit a lawful act by illegal means. The gravamen of

    the charge lies not in the accomplishment of the object, but in the

    unlawful agreement itself. Such agreement may be established either

    by direct evidence, if available, or more commonly, by circumstantial

    evidence, or by a combination of both. It is a matter of common judicial

    experience that direct evidence to prove conspiracy is rarely

    forthcoming.

    16. It is equally well settled that there must be a meeting of minds between

    the alleged conspirators, culminating in a conscious decision to commit

    the unlawful act. Where the prosecution seeks to infer the existence of

    conspiracy from surrounding circumstances, the circumstances relied
    9 / 19

    upon must be of such a nature that they give rise to a conclusive or

    irresistible inference of an agreement between two or more persons to

    commit the alleged offence. Mere knowledge, association, or similarity

    of conduct does not by itself establish conspiracy unless it is shown

    that there was prior consensus or concert.

    17. Like any other criminal offence, the burden lies squarely upon the

    prosecution to establish the guilt of the accused beyond reasonable

    doubt. The prosecution must prove that the circumstances, taken

    cumulatively and viewed in their entirety, clearly indicate a meeting of

    minds between the conspirators for the purpose of committing an illegal

    act or achieving a lawful object through illegal means. The inference of

    conspiracy must flow naturally and logically from the proved facts, and

    not from conjectures or surmises.

    18. Though conspiracy may be proved by circumstantial evidence, each

    incriminating circumstance relied upon must itself be proved beyond

    reasonable doubt. Further, the circumstances so established must form

    a complete and unbroken chain of events, leading only to the

    hypothesis of guilt of the accused and ruling out every other

    reasonable hypothesis consistent with innocence. If the chain is

    incomplete, or if two views are possible, the benefit must necessarily

    go to the accused.

    19. Hon’ble Supreme Court in Ram Narayan Popli v. CBI and other

    cases reported in (2003) 3 SCC 641 has categorically held that the

    essence of criminal conspiracy lies in the agreement and that such

    agreement may be proved either by direct or circumstantial evidence,
    10 / 19

    though direct evidence is seldom available and has held as under:

    (paras 343, 344, 345 and 346)

    “343. No doubt, in the case of conspiracy there
    cannot be any direct evidence. The ingredients of
    offence are that there should be an agreement
    between persons who are alleged to conspire and
    the said agreement should be for doing an illegal
    act or for doing by illegal means an act which
    itself may not be illegal. Therefore, the essence
    of criminal conspiracy is an agreement to do an
    illegal act and such an agreement can be proved
    either by direct evidence or by circumstantial
    evidence or by both, and it is a matter of common
    experience that direct evidence to prove
    conspiracy is rarely available. Therefore, the
    circumstances proved before, during and after the
    occurrence have to be considered to decide about
    the complicity of the accused.

    344. In Halsbury’s Laws of England (vide 4th
    Edn., Vol. 11, p. 44, para 58), the English law as
    to conspiracy has been stated thus:

    “58. Conspiracy consists in the agreement of
    two or more persons to do an unlawful act, or
    to do a lawful act by unlawful means. It is an
    indictable offence at common law, the
    punishment for which is imprisonment or fine
    or both in the discretion of the court.
    The essence of the offence of conspiracy is the
    fact of combination by agreement. The
    agreement may be express or implied, or in part
    express and in part implied. The conspiracy
    arises and the offence is committed as soon as
    the agreement is made; and the offence
    continues to be committed so long as the
    combination persists, that is until the
    conspiratorial agreement is terminated by
    completion of its performance or by
    abandonment or frustration or however it may
    be. The actus reus in a conspiracy is the
    agreement to execute the illegal conduct, not
    the execution of it. It is not enough that two or
    more persons pursued the same unlawful object
    at the same time or in the same place; it is
    11 / 19

    necessary to show a meeting of minds, a
    consensus to effect an unlawful purpose. It is
    not, however, necessary that each conspirator
    should have been in communication with every
    other.”

    345. There is no difference between the mode of
    proof of the offence of conspiracy and that of any
    other offence. It can be established by direct or
    circumstantial evidence. [See : Bhagwan Swarup
    Lal Bishan Lal v. State of Maharashtra [AIR
    1965 SC 682 : (1965) 1 Cri LJ 608] (AIR at p.

    686).]

    346. It was held that the expression “in reference
    to their common intention” in Section 10 is very
    comprehensive and it appears to have been
    designedly used to give it a wider scope than the
    words “in furtherance of” in the English law;

    with the result, anything said, done or written by
    a co-conspirator, after the conspiracy was
    formed, will be evidence against the other before
    he entered the field of conspiracy or after he left
    it. Anything said, done or written is a relevant
    fact only.

    “… ‘as against each of the persons believed to be
    so conspiring as well for the purpose of proving
    the existence of the conspiracy as for the purpose
    of showing that any such person was a party to
    it’. … In short, the section can be analysed as
    follows : (1) There shall be a prima facie
    evidence affording a reasonable ground for a
    court to believe that two or more persons are
    members of a conspiracy; (2) if the said
    condition is fulfilled, anything said, done or
    written by any one of them in reference to their
    common intention will be evidence against the
    other; (3) anything said, done or written by him
    should have been said, done or written by him
    after the intention was formed by any one of
    them; (4) it would also be relevant for the said
    purpose against another who entered the
    conspiracy whether it was said, done or written
    before he entered the conspiracy or after he left
    it; and (5) it can only be used against a co-
    conspirator and not in his favour.” (AIR p. 687,
    para 8)
    12 / 19

    We are aware of the fact that direct independent
    evidence of criminal conspiracy is generally not
    available and its existence is a matter of
    inference. The inferences are normally deduced
    from acts of parties in pursuance of a purpose in
    common between the conspirators. This Court in
    V.C. Shukla v. State (Delhi Admn.) [(1980) 2 SCC
    665 : 1980 SCC (Cri) 561] held that to prove
    criminal conspiracy, there must be evidence,
    direct or circumstantial, to show that there was an
    agreement between two or more persons to
    commit an offence. There must be a meeting of
    minds resulting in ultimate decision taken by the
    conspirators regarding the commission of an
    offence and where the factum of conspiracy is
    sought to be inferred from circumstances, the
    prosecution has to show that the circumstances
    give rise to a conclusive or irresistible inference
    of an agreement between two or more persons to
    commit an offence. As in all other criminal
    offences, the prosecution has to discharge its
    onus of proving the case against the accused
    beyond reasonable doubt. The circumstances in a
    case, when taken together on their face value,
    should indicate the meeting of minds between the
    conspirators for the intended object of
    committing an illegal act or an act which is not
    illegal, by illegal means. A few bits here and a
    few bits there on which the prosecution relies
    cannot be held to be adequate for connecting the
    accused with the commission of the crime of
    criminal conspiracy. It has to be shown that all
    means adopted and illegal acts done were in
    furtherance of the object of conspiracy hatched.
    The circumstances relied for the purposes of
    drawing an inference should be prior in time than
    the actual commission of the offence in
    furtherance of the alleged conspiracy.

    20. Hon’ble Supreme Court in case of K.R. Purushothaman v. State of

    Kerala reported in (2005) 12 SCC 631 has reiterated that the unlawful

    agreement is the sine qua non of the offence and that suspicion,
    13 / 19

    however strong, cannot substitute proof of meeting of minds and held

    as under: (para 13, 14, 15)

    “13. To constitute a conspiracy, meeting of minds
    of two or more persons for doing an illegal act or
    an act by illegal means is the first and primary
    condition and it is not necessary that all the
    conspirators must know each and every detail of
    the conspiracy. Neither is it necessary that every
    one of the conspirators takes active part in the
    commission of each and every conspiratorial
    acts. The agreement amongst the conspirators can
    be inferred by necessary implication. In most of
    the cases, the conspiracies are proved by the
    circumstantial evidence, as the conspiracy is
    seldom an open affair. The existence of
    conspiracy and its objects are usually deduced
    from the circumstances of the case and the
    conduct of the accused involved in the
    conspiracy. While appreciating the evidence of
    the conspiracy, it is incumbent on the court to
    keep in mind the well-known rule governing
    circumstantial evidence viz. each and every
    incriminating circumstance must be clearly
    established by reliable evidence and the
    circumstances proved must form a chain of
    events from which the only irresistible
    conclusion about the guilt of the accused can be
    safely drawn, and no other hypothesis against the
    guilt is possible. Criminal conspiracy is an
    independent offence in the Penal Code. The
    unlawful agreement is sine qua non for
    constituting offence under the Penal Code and
    not an accomplishment. Conspiracy consists of
    the scheme or adjustment between two or more
    persons which may be express or implied or
    partly express and partly implied. Mere
    knowledge, even discussion, of the plan would
    not per se constitute conspiracy. The offence of
    conspiracy shall continue till the termination of
    agreement.

    14. Suspicion cannot take the place of legal proof
    and prosecution would be required to prove each
    and every circumstance in the chain of
    circumstances so as to complete the chain. It is
    true that in most of the cases, it is not possible to
    prove the agreement between the conspirators by
    direct evidence but the same can be inferred from
    the circumstances giving rise to conclusive or
    irresistible inference of an agreement between
    two or more persons to commit an offence. It is
    14 / 19

    held in Noor Mohd. Mohd. Yusuf Momin v. State
    of Maharashtra
    [(1970) 1 SCC 696 : 1970 SCC
    (Cri) 274 : AIR 1971 SC 885] , that: (SCC pp.

    699-700, para 7)
    “[In most cases proof of conspiracy is largely
    inferential though the inference must be
    founded on solid facts. Surrounding
    circumstances and antecedent and subsequent
    conduct, among other factors, constitute
    relevant material.”

    15. It is cumulative effect of the proved
    circumstances which should be taken into
    account in determining the guilt of the accused.
    Of course, each one of the circumstances should
    be proved beyond reasonable doubt. The acts or
    conduct of the parties must be conscious and
    clear enough to infer their concurrence as to the
    common design and its execution. While
    speaking for the Bench it is held by P.
    Venkatarama Reddi, J. in State (NCT of Delhi) v.

    Navjot Sandhu [(2005) 11 SCC 600 : 2005 SCC
    (Cri) 1715 : JT (2005) 7 SC 1] (p. 63) as follows:

    (SCC pp. 691-92, para 103)
    “103. We do not think that the theory of agency
    can be extended thus far, that is to say, to find
    all the conspirators guilty of the actual offences
    committed in execution of the common design
    even if such offences were ultimately
    committed by some of them, without the
    participation of others. We are of the view that
    those who committed the offences pursuant to
    the conspiracy by indulging in various overt
    acts will be individually liable for those
    offences in addition to being liable for criminal
    conspiracy; but, the non-participant
    conspirators cannot be found guilty of the
    offence or offences committed by the other
    conspirators. There is hardly any scope for the
    application of the principle of agency in order
    to find the conspirators guilty of a substantive
    offence not committed by them. Criminal
    offences and punishments therefor are governed
    by the statute. The offender will be liable only
    if he comes within the plain terms of the penal
    statute. Criminal liability for an offence cannot
    be fastened by way of analogy or by extension
    of a common law principle.”

    21. In the present case, the principal allegations of forgery and fraudulent

    withdrawal are directed against the co-accused, a bank employee, who
    15 / 19

    is alleged to have committed offences under Sections 420, 468, 471

    and 477-A of the Indian Penal Code, as well as under Section 13(1)(d)

    read with Section 13(2) of the Prevention of Corruption Act, 1988.

    However, the said co-accused was neither apprehended nor tried,

    having been declared an absconder. The trial, therefore, proceeded

    and concluded only against the present appellant, who is not a bank

    employee but merely an account holder of the concerned branch.

    22. It is significant to note that the appellant has been convicted only with

    the aid of Section 120-B of the IPC, i.e., on the allegation of criminal

    conspiracy. The appellant is a housewife residing at Saraipali, where

    the concerned branch of the Central Bank of India is situated. She

    maintained a savings bank account, the details of which are borne out

    from the evidence of PW-2, Umesh Chand Guchhayat. The sole

    circumstance relied upon by the prosecution to implicate the appellant

    is that the co-accused bank employee allegedly transferred ₹20,000/-

    each from H.S.S. Account No. 4978 of Upendra Kumar and H.S.S.

    Account No. 2442 of Surendra Kumar Saluja, by forging vouchers, into

    the appellant’s account, and that the said amount was subsequently

    withdrawn through a cheque issued in her name. It has also come on

    record that the cheque in question was filled up by the co-accused

    himself, who is presently absconding.

    23. In her statement recorded under Section 313 of the Code of Criminal

    Procedure, the appellant offered an explanation that the banking

    transactions relating to deposits and withdrawals were generally

    handled by the co-accused B.P. Rautre. According to her, she had

    signed the cheque at his instance and entrusted it to him for withdrawal
    16 / 19

    of the amount, as she seldom visited the bank personally. This

    explanation, though denied by the prosecution, forms part of the record

    and must be evaluated in light of the surrounding circumstances.

    24. Considering the facts of the case, the appellant, being a housewife and

    a customer of the bank where the co-accused was employed, stood in

    a relationship of consumer and banker with him. The explanation

    furnished by her cannot be said to be inherently improbable or

    unnatural in such circumstances. More importantly, the prosecution

    evidence itself reveals that the co-accused had allegedly withdrawn

    amounts fraudulently from 10-12 different accounts, and the total

    amount so withdrawn by committing forgery was stated to be

    ₹3,22,000/-, as per the testimony of prosecution witnesses including

    PW-7. Out of this total amount, only ₹40,000/- is alleged to have been

    transferred to and withdrawn from the appellant’s account. There is no

    allegation that the remaining substantial amount was deposited in or

    routed through the appellant’s account.

    25. The prosecution has not placed on record any material explaining the

    manner in which the remaining ₹3,12,000/- was dealt with or

    appropriated. The evidence of PW-2, particularly Ext. P-3, shows that

    on 30.04.1992, ₹20,000/- each was withdrawn from Account Nos. 4978

    and 2442 and deposited in the appellant’s account. The entries were

    admittedly in the handwriting of co-accused B.P. Rautre. On the same

    date, the amount was withdrawn through a cheque. However, mere fact

    of deposit and withdrawal on the same day, without independent

    evidence of prior agreement between the appellant and the co-
    17 / 19

    accused, does not by itself establish the essential ingredients of

    conspiracy, namely, meeting of minds.

    26. Hon’ble Supreme Court in case of Sharad Birdhichand Sarda v. State

    of Maharashtra, reported in (1984) 4 SCC 116 while acquitting the

    accused therein, holding that the prosecution failed to establish a

    complete chain of circumstances leading unerringly to guilt, laid down

    principles governing circumstantial evidence in criminal trials, clarified

    courts should assess chains of circumstances when direct evidence is

    absent, setting enduring standards for proof beyond reasonable doubt

    and held thus:

    “153. A close analysis of this decision would
    show that the following conditions must be
    fulfilled before a case against an accused can be
    said to be fully established:

    (1) the circumstances from which the conclusion
    of guilt is to be drawn should be fully
    established.

    It may be noted here that this Court indicated that
    the circumstances concerned “must or should”

    and not “may be” established. There is not only a
    grammatical but a legal distinction between “may
    be proved” and “must be or should be proved” as
    was held by this Court in Shivaji Sahabrao
    Bobade v. State of Maharashtra
    [(1973) 2 SCC
    793 : 1973 SCC (Cri) 1033 : 1973 Crl LJ 1783]
    where the observations were made: [SCC para
    19, p. 807: SCC (Cri) p. 1047]
    “Certainly, it is a primary principle that the
    accused must be and not merely may be guilty
    before a court can convict and the mental
    distance between ‘may be’ and ‘must be’ is long
    and divides vague conjectures from sure
    conclusions.”

    (2) the facts so established should be consistent
    only with the hypothesis of the guilt of the
    accused, that is to say, they should not be
    explainable on any other hypothesis except that
    the accused is guilty,
    (3) the circumstances should be of a conclusive
    nature and tendency,
    18 / 19

    (4) they should exclude every possible
    hypothesis except the one to be proved, and
    (5) there must be a chain of evidence so complete
    as not to leave any reasonable ground for the
    conclusion consistent with the innocence of the
    accused and must show that in all human
    probability the act must have been done by the
    accused.”

    27. It is not the prosecution case that the bulk of the amount allegedly

    withdrawn by the co-accused through forged vouchers was deposited

    in the appellant’s account. On the contrary, the evidence suggests that

    except for the transaction relating to ₹40,000/- on a single day, no other

    amount out of the alleged fraudulent withdrawals from 10-12 different

    accounts was transferred to or routed through the appellant’s account.

    When the prosecution itself asserts that the co-accused had withdrawn

    a total sum of ₹3,22,000/- by committing forgery from several accounts,

    and only ₹40,000/- is connected to the appellant, the absence of any

    link between the appellant and remaining transactions assumes

    significance. This selective connection weakens the inference of a

    broader conspiratorial arrangement.

    28. In the aforesaid factual background, there is no material to suggest that

    there existed any agreement or meeting of minds between the

    appellant and the co-accused to commit the alleged offences. The sole

    circumstance relied upon by the prosecution is that ₹40,000/- was

    deposited into the appellant’s account by the co-accused and was

    withdrawn on the same day through a cheque filled up and processed

    by him. This circumstance, standing alone and uncorroborated by

    independent evidence of prior concert or common design, does not

    constitute a complete chain of circumstances leading to the only

    irresistible conclusion of guilt. The prosecution has thus failed to
    19 / 19

    establish the essential ingredient of criminal conspiracy, namely, an

    unlawful agreement supported by a meeting of minds, beyond

    reasonable doubt.

    29. In view of the foregoing discussion, and in light of the principles laid

    down by the Hon’ble Supreme Court in the decisions referred to

    hereinabove, this Court is of the considered opinion that the appellant

    is entitled to the benefit of doubt. The conviction of the appellant rests

    solely upon the application of Section 120-B of the IPC, without

    adequate proof of conspiracy. Accordingly, the findings recorded by the

    learned Trial Court convicting the appellant for offences under Sections

    420 read with 120-B, 468 read with 120-B, 471 read with 120-B, 477-A

    read with 120-B of the IPC, and Section 13(1)(d) read with Section

    13(2) of the Prevention of Corruption Act, 1988 read with Section 120-B

    IPC, cannot be sustained in law.

    30. Consequently, the appeal is allowed. Conviction and sentence of

    appellant for offences under Sections 420 read with 120-B, 468 read

    with 120-B, 471 read with 120-B, 477-A read with 120-B of the IPC,

    and Section 13(1)(d) read with Section 13(2) of the Prevention of

    Corruption Act, 1988 read with Section 120-B IPC are hereby set aside.

    Appellant is acquitted of all the charges. Appellant is reported to be on

    bail. Therefore, her bail bonds are discharged.

    Sd/-

    (Parth Prateem Sahu)
    Judge
    pwn



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