1979 (1) TMI 250 - SC - Indian Laws

Supreme Court Acquits School Principal, Citing Flawed Confession and Insufficient Evidence in Corruption Case.

Brijbasi Lal Shrivastava Versus State of Madhya Pradesh

The SC overturned the conviction of the appellant, a school Principal, who was initially convicted under Section 409, 467, and 477A of the IPC and Section ... - Issues:Conviction under Section 409, 467, and 477A of the Indian Penal Code, and Section 5(2) of the Prevention of Corruption Act based on misappropriation allegations.Analysis:The appellant, a school Principal, was convicted for drawing funds on a contingent bill, including a salary for a non-existent employee, Pancham Chowkidar. The prosecution's case primarily relied on a confession document, Ex P-12, where the appellant admitted to the misappropriation. However, the appellant later claimed the confession was obtained under duress, casting doubt on its reliability. The Special Judge acquitted the appellant of charges related to other items mentioned in the same confession, indicating inconsistencies. The courts overlooked these discrepancies, leading to a flawed conviction.The central evidence, Ex P-12, was further discredited due to procedural irregularities during its recording. The appellant's statement under Section 342 Cr.PC raised concerns about the confession's authenticity, as he alleged coercion in its creation. Additionally, the appellant's acquittal in a related case involving similar charges discredited the confession's veracity. The courts failed to consider these critical factors, undermining the prosecution's case.The case's foundation on a complaint by a dismissed clerk, Yagya Narain, raised suspicions of ulterior motives. Yagya Narain's delayed complaint after his dismissal suggested personal vendetta rather than genuine concerns. The absence of Pancham Chowkidar's name in the attendance register was inconclusive evidence, as other employees without register mentions were not questioned. Moreover, Pancham's acknowledgment of a receipt contradicted the prosecution's claim of non-payment, weakening their case.Witness testimonies regarding Pancham's presence at the school during nighttime challenged the prosecution's narrative. The appellant's defense highlighted inconsistencies in the prosecution's evidence, emphasizing Pancham's role and the lack of concrete proof of misappropriation. Ultimately, the Supreme Court overturned the conviction, citing insufficient evidence to substantiate the charges. The appellant was acquitted, emphasizing the prosecution's failure to prove guilt beyond a reasonable doubt.