- (1.) The present Government Appeal has been preferred against the judgment and order dated 13.9.2005 passed by Special Judge (Anti Corruption), Bareilly in Special Case No.12 of 2004, by which the accused respondents have been acquitted by the trial Court for offence under Sections 467, 468, 471, 420, 120-B I.P.C. and 13 Prevention of Corruption Act.
(2.) The prosecution case in brief is that complainant Sri J.P. Singh, Recovery Officer/District Assistant Registrar, Co-operative Societies, U.P. Moradabad sent a written complaint to S.O., P.S. Civil Lines, Moradabad stating therein that on receiving a complaint made by Shri Swaroop Singh regarding embezzlement of loan and its disbursement, the District Assistant Registrar, Co-operative Societies, U.P. Moradabad vide his letter No.7074 dated 29.3.1989 directed C.O.I.D. (Embezzlement) Sri Raghuvir Saran to enquire into the matter. Sri Raghuvir Saran made an in depth enquiry into the matter and submitted his partial interim report dated 17.4.1989 in which it was disclosed that a sum of Rs.30,81,173/- were embezzled and misused by Sri Moti Lal Srivastava, the then Secretary-General Manager, District Co-operative Bank Ltd., Moradabad, Sri Virendra Singh, the then Branch Manager, Main Branch, Sri Mohd. Ghani, Industrial Supervisor and so called Chairman and Secretary of Societies. Sri Raghuvir Saran in his report dated 16.9.1989 added further amount of Rs.10,54,216/- to the above amount and in this way the total amount embezzled and misused was mentioned to the tune of Rs.41,35,389/-. In the light of the complaint made by Sri Swaroop Singh and the interim partial enquiry report submitted by Sri Raghuvir Saran Sharma, the District Assistant Registrar, Co-operative Societies, U.P. Moradabad, vide his order no.278/6 dated 21.4.1989 constituted a Committee to verify the loan disbursed to the weavers' societies during the tenure of Sri Moti Lal Srivastava, the then Secretary/General Manager of District Co-operative Bank Ltd., Moradabad. Since all the members of the said Committee, except one, were either transferred or got retired, therefore, the above Committee was reconstituted vide order No.3080 dated 20.10.1989 and the work of verification of disbursement of loan to the weavers societies was entrusted to Recovery Officer, Moradabad, Additional District Co-operative Officer (A.D.C.O.), Moradabad and A.D.C.O., Sambhal. The Committee enquired into the matter but could not find any member of the weavers' societies to whom the loan was disbursed. No office or sign board of the weavers' societies could be traced out. No evidence could be procured that the members of the weavers' societies to whom the loan was disbursed, were doing any business either separately or collectively. To the contrary, the information which the Committee could gather, was that the members of the weavers' societies had gone out of station and were either doing some service or pulling rickshaw or were engaged in the work of labour. All the documents were found to be false and fake. Those members whose names addresses figured in the list of loan, were concocted and 12 members out of that list denied their signatures and stated they never went to the Bank nor they ever took any loan from the Bank nor they were ever signed the documents. As such, whatever documents were prepared, were all fake. Even the photographs were found to be forged and fake. Sri Ezaz Husain also denied his signature on the documents and said that the photograph also does not resemble his face, and the said photograph is of some other person. Likewise Sri Mukhtyar, Sri Mohd. Ali and Sri Sirtaz Husain also denied their signatures and photographs on the documents. Sri Moti Lal Srivastava, the then Secretary/General Manager of District Co-operative Bank, Moradabad and his subordinate staff/employees of the Bank were found guilty for acting and working against the directions contained in the Circular Letter No.121 dated 14.3.1984. On the basis of the above complaint, an FIR was lodged against Virendra Singh, Bharat Singh, Mohd. Ghani and Mohd. Zahoor Bux. After investigation the I.O. submitted charge sheet against the accused Moti Lal Srivastava, Virendra Singh, S.N. Mishra, Mohd. Zahoor and Bharat Singh.
(3.) Accused persons appeared in the Court. Charge was framed against all the accused persons on 26.2.2005, under Sections 467, 468, 471, 420, 120-B I.P.C. and 13 Prevention of Corruption Act. The accused persons pleaded not guilty and claimed to be tried.;