- (1.) Since both the afore-captioned criminal appeals have been filed by the appellants challenging the judgment and order dated 14.01.2013 passed in the Special Case No.14 of 2009 (CBI vs Shyam Babu and another) arising out of the same case crime number, hence they are being decided by this common order.
(2.) Challenge in these appeals is to the judgment and order passed by Special Judge, Anti Corruption (C.B.I.), Ghaziabad on 14.1.2013 in Special Case No. 14 of 2009, (C.B.I. Vs. Shyam Babu and another), arising out of Crime No. 0072008A0010, under sections 120-B, 420 I.P.C. and Section 13(2) read with section 13(1)(d) Prevention of Corruption Act, Police Station C.B.I. S.P.E., Dehradun, whereby the accused Puneet Kumar was acquitted for the charges punishable under Section 13(2) read with Section 13 (1) (d) Prevention of Corruption Act. Accused Shyam Babu and Puneet Kumar were found guilty under sections 120-B, 420 I.P.C. The appellant Shyam Babu was further found guilty under section 13(2) read with section 13(1)(d) of the Prevention of Corruption Act and he was sentenced to three years' rigorous imprisonment and Rs.3,00,000/- fine under section 120-B I.P.C.; five years' rigorous imprisonment and Rs.5,00,000/- fine under section 420 I.P.C. and seven years' rigorous imprisonment and Rs.4,00,000/- fine under section 13 (2) read with Section 13(1)(d) Prevention of Corruption Act. The accused Puneet Kumar was found guilty and sentenced to three years' rigorous imprisonment and Rs.3,00,000/- fine under section 120B I.P.C.; five years' rigorous imprisonment and Rs.5,00,000/- fine under section 420 I.P.C. with default stipulation.
(3.) As per the prosecution case, sometime in the year 1998, a consignment of NSCs/KVPs was reportedly lost from Hawrah Junction. In the same way, in 1999, a huge consignment of NSCs/KVPs was reportedly lost from a railway wagon at Railway Gauhati. In the year 2007, postal stamps, NSCs/KVPs and several other valuable securities were looted from Khair Post Office, District Aligarh. The NSCs and KVPs, which were looted/stolen at various places in India, were notified by the Directorate of Postal Services, New Delhi through a negative list, which was circulated to all the post offices in India including the post office Gabhana. Sri Shyam Babu the then SPM, Post Office, Gabhana had knowledge that these NSCs/KVPs figured in the negative list, and therefore, were not to be discharged or entertained. In order to defraud the Postal Department, a modus operandi was adopted by Shyam Babu with some unknown persons and he conspired to cheat the Postal Department by procuring and encashing NSCs/KVPs. Shyam Babu procured the stolen/looted KVPs/NSCs from some criminals whose names have not been revealed. After procuring blank KVPs/NSCs, he manipulated the records of the post office and showed them to be issued from the said post office in which he was posted, i.e., Post Office, Gabhana. The said KVPs/NSCs were said to have been issued to various fictitious/non-existent persons with fictitious/sketchy addresses mentioned in them purportedly residing in various localities of District Aligarh. Forged applications from the said fictitious holders of NSCs/KVPs were created and Shyam Babu encashed the said NSCs/KVPs either through cash payment or through account payee cheques. The account payee cheques were encashed by opening saving bank accounts at various banks/post offices at Aligarh and adjoining areas in the names of persons in whose names the NSCs/KVPs were fraudulently issued. The postal records including the order of discharge of securities was authorized by Shyam Babu who was under suspension at the time of lodging the F.I.R. The list containing the details of saving certificates were enclosed with the F.I.R.;