Justice BR Gavai & Justice Augustine George Masih, Supreme Court
Accused Is A 71-Year-Old Individual Afflicted With Various Ailments: Supreme Court Reduces Jail Sentence In 30-Year-Old Cheating & Forgery Case
|The appeal before the Supreme Court was preferred against the judgment of the Patna High Court, whereby the appeal filed by the Appellant against the order of conviction stood dismissed.
In light of the fact that the accused is a 71-year-old man who has suffered three heart attacks and the incident is more than 30 years old, the Supreme Court has reduced the sentence of the accused in a case of cheating and forgery which was related to a supply order of the Road Construction Department.
The appeal before the Apex Court was preferred against the judgment of the Patna High Court whereby the appeal filed by the Appellant against the order of conviction and sentence by the Special Judge CBI-II, stood dismissed.
The Division Bench of Justice B. R. Gavai and Justice Augustine George Masih said, “The records produced before this Court indicate that the Appellant is a 71-year-old individual who is afflicted with various age-related ailments. The medical documentation further revea ls that the Appellant is a diabetic person and has a history of having suffered three heart attacks. That apart, the incident is of the year 1994 i.e. more than 30 years old, causing mental trauma and agony as faced by the Appellant. All these factors in the facts and circumstances of this case persuade us to take a lenient view.”
Senior Advocate Anjana Prakash represented the Appellant while ASG S.D. Sanjay represented the Respondent.
Factual Background
A complaint was lodged by the Executive Engineer, Saharsa Division, stating therein that a supply order for the supply of 1091.95 MT of Bulk Bitumen valued at INR 54,07,920 which was forged and without proper sanction, was not delivered at the desired location. In the investigation, four persons were identified/arrayed as accused. Krishna Kumar Kedia, proprietor of M/s Cosmo Transport, the Appellant herein, was the main accused along with the other three accused persons. The third accused was the officer who managed things and passed the working order nominating M/s Cosmo Transport for transportation of the aforesaid Bulk Bitumen whereas the fourth accused was an Executive Engineer and the informant of the case.
Maheshwari Prasad was a person who according to the prosecution had prepared, forged and fabricated documents at the instance of the appellant who was the mastermind and the main accused in the misappropriation of the entire quantity of Bulk Bitumen. During the course of trial, the third and fourth accused persons died, leading to the dropping of the proceedings against them. The second accused was granted pardon and he turned approver. Appellant was thus the only person who faced the trial wherein he was held guilty of having committed offences under Section 407, 420, 465, 471 of IPC.
Reasoning
On a perusal of the facts of the facts of the case, the Bench noted that the case of the prosecution rested not only upon the evidence of Maheshwari Prasad, the accused turned approver who had forged and fabricated the documents on the asking of the appellant but also on the documentary evidence produced to substantiate the allegations apart from the oral evidence of the witnesses. As many as 26 prosecution witnesses were examined.
The Bench took note of the case of the prosecution that, without there being any demand for the supply of Bulk Bitumen from the Road Construction Department, Saharsa Division, to the Head Office, the Head Office proceeded to issue a supply order which was by the third Accused. It came to light that this order had been placed without taking mandatory approval from the Engineer-in-Chief, Road Construction Department, Saharsa Division.
It was further noticed that the Bulk Bitumen and the 10% extra quantity thereof were lifted from the Haldia delivery point, and the same was siphoned off illegally. The documents, which had been created as forged and fabricated at the instance of the accused, were signed by Maheshwari Prasad.
It had also come in the evidence that after loading of the Bulk Bitumen, on the directions of the Appellant, the vehicles were being sent to Howrah as well as Alampur which indicated that the Bulk Bitumen was not sent to Saharsa Division where it was intended to be delivered as per the order placed at Indian Oil Corporation, Haldi. All the aspects established the fact about there being absence of any requirement, demand or even delivery of Bulk Bitumen in pursuance of unauthorized order for the supply of Bulk Bitumen relating to the Road Construction Department, Saharsa Division.
“No admissible evidence has been produced by the Appellant in respect of due f Bulk Bitumen to Road Construction Department, Saharsa Division after having taken delivery of Bulk Bitumen as per his own admitted case in his statement under Section 313 CrPC”, it said while affirming the conviction imposed by the Trial Court and the High Court.Coming to the issue of the quantum of punishment, the Bench took note of the fact that the Appellant had already undergone 1 year and 6 months of the said sentence. On a perusal of the records, the Bench found that the Appellant is a 71-year-old individual who is afflicted with various age-related ailments.
The Bench thus partly allowed the appeal and ordered, “...this Court is of the view that the sentences imposed under Section 407 and 420 of IPC be reduced to 2 years and 6 months of rigorous imprisonment from 5 years with fine and default punishment unchanged as imposed on each count and to run concurrently with other sentences. This reduced sentence would meet the end of justice.”
Cause Title: Krishna Kumar Kedia v. Union of India Through Director, CBI (Neutral Citation: 2025 INSC 608)
Appearance:
Appellant: Senior Advocate Anjana Prakash, Advocates Anuj Prakaash, Niraj Dubey, Pradum Kumar, AO Kumar Mihir
Respondent: ASG S.D. Sanjay, AOR Mukesh Kumar Maroria, Advocates Nachiketa Joshi, Anirudha Sharma II, Priyanka Terdal, Udit Dedhiya