Bangalore District Court
State By Cod vs Dr. Rajashekhar S/O Doraiswamy on 14 September, 2016
IN THE COURT OF THE I ADDL.C.M.M, Bengaluru
Present: Smt. Hema Pastapur
B.A.,LL.B.,
I Addl C. M. M, Bengaluru
C.C.No.8282/1995
Dated this the 14th day of September 2016
Judgment under section 355 of the Code of Criminal Procedure
Complainant:- State by COD, Special Enquiries, Bengaluru
(By Learned Special Public Prosecutor)
VS
Accused:- 1. Dr. Rajashekhar s/o Doraiswamy, age:57 years,
r/o No.88, HAL 3rd stage, 2nd main, New
Thippasandra, Bengaluru (Abated),
2. Dr. Raghavendra s/o Bhimanna Chaudri,
age:57 years, r/o No.15, Jalanagar,
Bijapur Town (Abated),
3. Mrs. Pervina Farooq Mahawan
w/o Farooq Mahawan, age:37 years,
r/o No.759, Parasi colony, Dadar Bombay,
2 C.C.No.8282/1995
4. Dr. Paresh s/o Kantilal Dalal, age:43 years,
r/o A-11, Motibagh, 96 Sion road,
Bombay(Abated),
5. Dr. Viraf Ratan s/o Ratan Harmuzzidar,
age:35 years, r/o No. 759, Parasi colony,
Dadar Bombay(Abated),
6. Smt. Tulasi w/o Rajashekhar Panathur,
age:50 years, r/o No. 301/302, Virdhi-A
Yari road, Varsova, Andheri West, Bombay,
7. Rajagopal s/o I. Srinivaschar, age:57 years,
r/o No.251, 4th cross, HAL 3rd stage,
Bengaluru,
8. S. Rafi Ahamed s/o Abdul Azeez, age:43
years, r/o No. 749, 8th cross, 2nd stage,
Indiranagar, Bengaluru,
9. E. G. Ajaykumar s/o E. S. Gangadhar,
age:31 years, r/o No. A-606, Ushanagar,
Bandoop West, Bombay and
3 C.C.No.8282/1995
10. R. Ganamurthy s/o N. Ranganathan,
age:27 years, r/o No. 319, 10th Main cross,
2nd stage, Indiranagar, Bengaluru.
(Accused no.1 by Shri K.N.R, accused no.2 Shri H.V.R,
accused no.3 to 5 Shri SUKV, accused no.6 Shri J.K,
accused no.7 to 9 Shri SVP and accused no.10
Shri B.B.R. Advocates)
Offences complained : U/secs 403, 406, 418, 420 and 120(B)
r/w sec 34 of the Indian Penal Code.
Opinion of the Court : Accused no.3, 6 to 10 are not found guilty
Date of Judgment : 14-09-2016.
JUDGMENT
That, the Deputy Superintendent of Police (Special Enquiry) C. O. D, Bengaluru, has filed the Final report against the accused persons for the offence punishable under sections 403, 406, 418, 420 and 120(B) r/w sec 34 of the Indian Penal Code.
1. That, the allegations of the prosecution against the accused persons are that accused no.1 and 2 on 12.04.1991 have got registered a private company called P. C. Dental college and Hospital 4 C.C.No.8282/1995 Pvt. Ltd, in Bengaluru and have attempted to open a dental college and when they came to know that a private company will not be permitted to open a dental college, the said accused along with accused no.3 to 5 have formed a Trust in the name and style of P. C. Dental and Nursing college Trust and have got registered the trust deed on 16.05.1991 in the office of sub-registrar, Shivajinagar, Bengaluru. That, the Health and Family Welfare Department, Government of Karnataka through its vide order bearing no. HFW/45/MME/91 dated:-10.10.1991 had accorded the permission for opening the P. C. Dental college with an intake of only 40 students and also imposed certain conditions. That, as per the said order the accused persons have opened the P. C. Dental college in a building belonging to one Shri A. Krishnareedy at Kacharakanahalli, Bengaluru and the trust office in House no. II main, HAL III stage, new Thippasandra, Bengaluru.
That, accused no.1 to 5 with their common intention have conspired together and with an intention to cheat the students have gave a wide publicity regarding admission in said P. C. Dental college much before they could get start the college and have started to take 5 C.C.No.8282/1995 the admission of the students well in advance by collecting the huge amount from the students. That, accused no.1 had given the letters to the editors Tribune, Chandigarah on 16.07.1991 and Andhra Prabha, Bengaluru, on 01.08.1991 requesting them for publishing the news in their news papers that applications are invited for admission to B. D. S. course for the academic year 1991-92. That, accused no.1 had got admitted 12 students to first year B. D. S. course in said dental college much before getting the sanction for opening the P.C. Dental college from the Government of Karnataka. That, accused no.1 being a Government servant, had entered himself in a private business and also formed a P. C. Dental and Nursing college Trust and opened the P. C. Dental college, by violating the conditions imposed by the Government. That, the accused persons by violating the Government order have got admitted 46 students for the academic year 1991-92 and have also collected huge amount from the said students and have paid the receipts them for meager amount.
That, the Health and Family Welfare Department, Government of Karnataka its vide order bearing no.AKK/67/MPS/92 dated:- 6 C.C.No.8282/1995
10.07.1992 had accorded the permission to the said P. C. Dental college for taking the admission for only 40 students for the academic year 1992-93 and also imposed certain conditions. That, the accused persons by violating the said Government order have got admitted 120 students for the academic year 1992-93 and have also collected huge amount from the said students and have paid the receipts them for meager amount and for the academic year 1993-94 have got admitted 110 students and have also collected huge amount from the said students and have paid the receipts them for meager amount.
That, accused no.1 being the Principal of P. C. Dental college and Managing Trustee of P. C. Dental and Nursing college Trust and accused no.10 being the clerk-cum typist of said P. C. Dental and Nursing college Trust, have forged the names in admission register of said college for the year 1992-93 replacing the names and photographs of 14 students. That, all accused with their common intention have brought the approved statement of students of 1993-94 batch from the office of Director of Medical Education and have erased the names of students at serial no.33, 35 to 37 and 39 7 C.C.No.8282/1995 and in their places fraudulently and without the knowledge of the Director of Medical Education have typed the names of the students found at serial no. 104, 68, 51, 44 and 47 and have handed over the forged document to the Bengaluru University. That, the accused no.1 had utilized the unaccounted amount for his private business at Bengaluru and Madras. That, accused no.6-the wife of accused no.1 being the General Manager of the Trust, from August 1992 to March 1994 had misappropriated the Trust money which was collected by the students and purchased the valuable sites at Bengaluru and two flats at Bombay. That, accused no.9 being the General Manager of P. C. Dental college Trust during the period from January 1992 to August 1992 had collected the huge amount from the students at the instance of accused no.1 to 5 and issued the receipts for meager amount. That, accused no.7 being the Secretary, accused no.8 being the Finance Manger and accused no.10 being the clerk-cum typist of the P. C. Dental college, have connived with accused no.1 to 5 in misappropriating the Trust amount to the extent of sum of Rs 2,74,33,110/-.
8 C.C.No.8282/1995
2. That, on complaint being lodged, the K. G. Halli Police, Bengaluru, have registered the case against the accused. That, thereafter, the matter was transferred to C. O. D., Bengaluru, for investigation and the Investigating Officer after completion of investigation filed the Final report against the accused for alleged offences.
3. That, this court after taking the cognizance of the aforesaid offences issued the summons to the accused and in consonance with the said summons accused have appeared before this court through their Learned counsel and they were enlarged on bail. That, the provisions of section 207 of Code of Criminal Procedure, have complied here with. That, the charge of the accused was framed and read over to them in language known to them and they have not pleaded guilty and claimed to be tried. That, after completion of prosecution side evidence the statement of accused as contemplated under section 313 of Code of Criminal Procedure, was recorded and read over to them and they have denied all incriminating evidence appearing against them and have not chosen to lead either oral or documentary evidence on their behalf.
9 C.C.No.8282/1995
4. That, I have heard the arguments and perused the materials placed on record. That, the Learned counsel for accused no.3, 6 to 9 have filed their written arguments. That, I have gone through the said written arguments. That, the following points arise for My consideration and determination:
1. Whether the prosecution has proved beyond all reasonable doubt that, all accused conspiring with each other and by violating the Government orders have taken the admission of the students in excess for the academic years 1991-92, 1992-93 and 1994-94 and have forged the documents and by collecting the huge amount from the students during the said period have misappropriated the same and thereby have committed the offence punishable under sections 403, 406, 418, 420, 468 and 120(B) r/w sec 34 of the Indian Penal Code?
2. What order?
5. That, the prosecution to prove its above case has got examined PWs1 to 42 and got marked the documents at EXsP1 to 261(a) and closed its side. That, accused no.1 in cross-examination of PW38 has got marked the document at EXD1.
10 C.C.No.8282/1995
6. That, My answer to the aforesaid points are as under:-
Point No.1:- In the NEGATIVE Point No.2:-As per the final order for the following:-
REASONS
7. Point No.1:- That, gist of the prosecution is that all accused conspiring with each other and by violating the Government orders have taken the admission of the students in excess for the academic years 1991-92, 1992-93 and 1994-94 and have forged the documents and by collecting the huge amount from the students during the said period have misappropriated the same.
8. It is to be noted here that, before analyzing the evidence of witnesses on record it is very much to have a glance over the provisions of sections 403, 406, 418, 420, 468 and 120(B) of Indian Penal Code.
(i) It is to be noted here that, for the offence of cheating under section 420 of Indian Penal Code, there must be deception which should always precede the fraudulent or dishonest inducement and it must be established that the intention of the accused was dishonest at the time of making the promise. It is pertinent to note here that, 11 C.C.No.8282/1995 mere deceit, fraudulent or dishonest inducement will not suffice to convict the accused under section 420 of Indian Penal Code.
(ii) It is pertinent to note here that, to convict the accused for the offence punishable under section 468 of Indian Penal Code, the prosecution is required to establish that the accused had committed the forgery and that he did it with the intention that the document forged shall be used for the purpose of cheating.
(iii) It is pertinent to note here that, to establish a charge of criminal conspiracy under section 120(B) of Penal Code, the prosecution must prove an agreement between two or more persons to do cause to be done some illegal act or some act which is not illegal by illegal means and this fact can be proved by direct or circumstantial evidence. It is pertinent to note here that, the offence of conspiracy cannot be deemed to have been established on mere suspicion and surmises or inference with lack of support of cogent evidence.
(iv) It is pertinent to note here that section 403 of Indian Penal Code, deals with dishonest misappropriation of property and contemplates that whoever dishonestly misappropriates or converts to his own use any movable property, shall be punished with imprisonment of either 12 C.C.No.8282/1995 description for a term which may extend to two years, or with fine, or with both.
It is pertinent to here that, misappropriation is the wrongful setting apart or assigning of a sum of money to a purpose or use to which it should not be lawfully assigned or set apart. It is pertinent to pertinent to note here that, to constitute criminal misappropriation, the property must have come into the possession of the accused innocently in the first instance and in the absence of any overt act on the part of the accused no dishonest motive can be imputed to him that he has committed an offence. It is pertinent to note here that, the chief element of criminal misappropriation is the dishonest misappropriation of movable property or conversion to one's own use. It is pertinent to note here that, the thrust of the section is gain/loss. It is pertinent to note here that, dishonesty comes into existence as soon as there is an intention of causing wrongful gain or wrongful loss. It is pertinent to note here that, dishonesty may be proved by evidence, or may be presumed from the circumstances, but, under no circumstances, it can be assumed as a matter of course.
13 C.C.No.8282/1995
(v) It is pertinent to note here that, to constitute an offence of criminal breach of trust there must be dishonest misappropriation by a person in whom confidence or trust is placed as to the custody or management of the property in respect of which the breach of trust is charged. It is pertinent to note here that, in other words, an offence of criminal breach of trust must involve the facts of entrustment of the property, a dishonest misappropriation or conversion of the property, dishonest use or disposal of the property in violation of mandate of law prescribing the mode in which the entrustment is to be discharged and dishonest use or disposal of the property in violation of the terms of any legal contract either express or implied regarding the discharge of the entrustment or willfully allowing some other person to do so. It is significant to note here that the expression entrustment carries with it implication that the person handing over any property on whose behalf that property is handed over to another, continues to be its owner and further the person handing over the property must have confidence in the person taking the property so as to create fiduciary relationship between them.
14 C.C.No.8282/1995
(vi) It is pertinent to note here that, to bring home an offence punishable under section 418 of Indian Penal Code, the prosecution is to prove that the accused was under legal obligation or contractual obligation to protect the interest of some other person; that, the accused cheated that person; that, cheating had relation to his legal or contractual obligation and that, the accused did so with knowledge that in the process he was likely to cause wrongful loss to the person cheated.
9. It is pertinent to note here that, on background of aforesaid provisions now let us analyze the evidence of witnesses on record.
It is pertinent to note here that, the prosecution to prove its above case has got examined CW1-Shri G. Nanjappa s/o G. N. Gangappa- the then Deputy Director of Medical Education-the Complainant as PW1. It is pertinent to note here that, PW1 in his examination-in- chief has deposed that the P. C. Dental college was started in Bengaluru with the permission of the Government and for the academic year 1991-92 the Government had sanctioned the permission to the said college for taking the admission of the students for 40 only and for the academic year 1992-93 also the 15 C.C.No.8282/1995 intake permission was fixed at 40 only and for the academic year 1993-94 also the intake permission was fixed at 40 and bifurcated the said seats viz. 20 seats as free seats, 14 seats as Government payment seats and 06 seats left to the management to be filled up. It is to be noted here that, PW1 has further deposed that the P. C. Dental and other colleges as per the notification were required to submit in triplicate the three list of the students to the Directorate of Medical Education for the purpose of approval and certification. It is pertinent to note here that, the prosecution has got marked the said Government orders at EXsP1 to 3.
It is to be noted here that, PW1 has further deposed that, later on, it came to their knowledge that the said P. C. Dental college had taken the admission of the students in excess against the sanctioned strength i.e. for the year 1991-92-(06) students, 1992-92-(120) students and 1993-94-(110 students). It is to be noted here that, PW1 has further deposed that, upto 1993 the Directorate of Medical Education had no role regarding the admission of the students or scrutinize the admission list sent by the said college and in the year 1993-94 the Directorate of Medical Education was empowered to 16 C.C.No.8282/1995 scrutinize the admission list sent by the college and certify the list sent by the management of the said college.
It is pertinent to note here that, PW1 has further deposed that, during the year 1993-94 accused no.1 was the principal of P. C. Dental college and the management of the said college during that period had taken the admission of the students in excess and after the receipt of the list of the students they have scrutinized the same and have approved the list only for 40 students and scored off the excess students admitted. It is pertinent to note here that, PW1 has further deposed that as per the list-EXP6 the names of the students viz. Rajesh Gupta at serial no.33, Amarendrareddy A. at serial no.35, Surendrakumar Bagotra at serial no.36, Padmini B. K. at serial no.37 and Kavitha K. at serial no.39 were amongst the 40 students as approved by the Directorate of Medical Education and after the said approval, their names have been scored off and in their place other five names have been subsequently typed as Mohammed Abdul Wahab at serial no.33, Rajbeed Brar at serial no.35, Ruby Mary Verhese at serial no.36, Hemalatha. L at serial no.37 and Mehadad Haghighi at serial no.39. It is pertinent to note here that, PW1 has 17 C.C.No.8282/1995 deposed that as per the direction of their Director he lodged the complaint as per EXP8 against accused.
It is pertinent to note here that, accused no.1 has cross-examined PW1 and has tried to elicit that usually the head of the department uses to lodge the complaint and he has not received any order from the Government for lodging the said complaint.
It is pertinent to note here that, accused no.2 and 6 have cross- examined PW1 and PW1 has specifically deposed that they have not issued any show cause notice to the P. C. Dental college as soon as they came to know about the admission of excess students taken by the said college and the principal of the said college had signed the EXsP5 and 6 and they have not issued any notice to the management even after the receipt of EXP5 by them. It is pertinent to note here that, PW1 in his cross- examination has further deposed that they have not lodged any police complaint immediately after the scrutiny of the list submitted by the said college for the year 1993-94.
It is pertinent to note here that, accused no.3, 5, 7 to 10 have not cross-examined PW1.
18 C.C.No.8282/1995
10. It is pertinent to note here that, the prosecution to prove its above case has got examined CW202- Shri A. M. Pathan s/o M. R. Pathan -the then Registrar of Bengaluru University as PW2. It is pertinent to note here that PW2 in his examination-in-chief has deposed about the procedure for obtaining the affiliation to start the college. That, PW2 has further deposed that the management of the P. C. Dental college some where in the month of June 1991 moved an application seeking the affiliation to start the college for the academic year 1991-92 and the management ought to have moved the said application during the month of August 1990 and said application was retuned to the college along with Cheque or Demand draft. That, PW2 has further deposed that in the month of June 1991 accused no.2 wrote a letter to the Chancellor of the Bengaluru University, Benagluru, with a request for according the permission to start the college for the academic year 1991-92 and in the month of November 1991 the university had received the letter from Health minister, Government of Karnataka, for considering the said letter along with any other such application pending for consideration. That, PW2 has further deposed that in the month of October 1991 19 C.C.No.8282/1995 the said University wrote a letter to the State Government assigning the reasons for not considering the said application of the said college and also other applications. That, PW2 has further deposed that in the same month the Government of Karnataka had passed the order and permitted the management of the said college to start the college for the academic year 1991-92. That, PW2 has further deposed that the said letter of the Government had placed before the Syndicate and the said Syndicate inturn had appointed the committee for visiting the said college to find out whether the said college had got the necessary infrastructure etc, to start the college for the academic year 1991-92 and thereafter, the recommendations of the said Syndicate were sent to the Government and on basis of the said recommendations the Government had issued another order for sanctioning the affiliation fixing the intake to the first year course as 40 students. That, PW2 has further deposed that the LIC had recommended for affiliation for the years 1991-92 and 1992-93 and on 13.01.1992 the LIC had visited the college and submitted its report-EXP9 and on basis of recommendations of said LIC the Government had issued another order for sanctioning the affiliation 20 C.C.No.8282/1995 for the academic years 1991-92 and 1992-93-EXP10. That, PW2 has further deposed that the said college moved another application for continuation of affiliation for the academic year 1993-94 and again LIC had visited the college and submitted its report-EXP11 and on basis of recommendations of said LIC the Government had issued another order for sanctioning the affiliation for the academic year 1993-94. It is pertinent to note here that, PW2 has further deposed that the said LIC in its report-EXP11 had made an observation that the management of the college by violating the rules of sanctioned strength had taken the admission of the students in excess. That, PW2 has further deposed that on 20.08.1993 the University wrote a letter to the Principal of the college for discharging the excess students admitted. That, PW2 has further deposed that the said college moved another application for continuation of affiliation for the academic year 1994-95 and again LIC had visited the college and submitted its report-EXP13 and on basis of recommendations of said LIC the Government had issued another order for sanctioning the affiliation for the academic year 1994-95. It is to be noted here that, PW2 has further deposed that the names of the students admitted 21 C.C.No.8282/1995 for the year 1992-93 are found in EXP16-the Admission register and in page no.43 of EXP16 the names of the students earlier written at serial no.117 to 120 have been erased and in their place few new names have been written. That, PW2 has further specifically deposed that, the principal of the said college had sent the list of the students to the University for approval and that time his staff brought to his knowledge about re-typing of five names of the students at serial numbers 33, 35 to 37 and 39 and on comparison of EXsP5 and 6 he came to know that the above said five names of the students at said serial numbers were not found in EXP6 and he requested the Directorate of the Medical Education for sending the list of the students approved by them as they permit them to take the examination and after receipt of the said list he directed the Registrar of Evaluation to permit the said students whose names have been approved by the Directorate of Medical Education to take examination. That, PW2 has further specifically deposed that on basis of recommendation made by the Academic council, the syndicate had decided to withdraw the affiliation granted to the said college. 22 C.C.No.8282/1995
11. It is pertinent to note here that, accused no.1 has cross- examined PW2 and has elicited that while granting the affiliation to the said college conditions have been not imposed in EXP10 and he has not informed the Dental Council of India about the irregularities committed by the said college.
It is pertinent to note here that, accused no.2 has cross-examined PW2 in length and elicited that they have not written the letter to the principal of the said college or management for making said errasions in the said list.
It is pertinent to note here that, accused no.3 to 10 have not cross-examined PW2.
12. It is pertinent to note here that, the prosecution to prove its above case has got examined CW204-Shri Dr. S. Kantha s/o N. A. Jadhav-the then Director of Medical Education as PW12. It is pertinent to note here that, PW12 has deposed that the P. C. Dental college by violating the orders of the Government had taken the admission of the students in excess and names of five students at serial number 33, 35 to 37 and 39 in EXP5 have been scored off. 23 C.C.No.8282/1995
It is pertinent to note here that, the accused no.1 and 6 have cross-examined PW12 and have elicited that he has not written any letter either to the Government or to the Hon'ble High Court of Karnataka regarding the excess admission taken by the P. C. Dental college.
It is pertinent to note here that, the accused no.2 has cross- examined PW12 in length and elicited that as in administrative matters the principal is alone responsible and he did not issued any notice to the management regarding the excess admission.
It is pertinent to note here that, accused no.3 to 5, 7 to 10 have not cross-examined PW12.
It is pertinent to note here that, from entire evidence of PWs1 to 3 it clearly appears that accused no.1 is the main culprit in taking the admission of the students in excess against the sanctioned strength. It is significant to note here that, from said evidence of PWs1 to 3 it further clearly appears that the Medical Education Board even after noticing the said illegal activities of accused no.1 have failed to take any action against him. It is pertinent to note here that, from entire 24 C.C.No.8282/1995 evidence of PWs1 to 3 it is not forthcoming the roles played by accused no.2 to 10 in committing the alleged offences.
13. It is pertinent to note here that, the prosecution to prove its above case has got examined CW6- Shri Priyadarshi s/o Late Dr. P. Nanjundaiah-the student as PW3. It is to be noted here that, PW3 in his examination-in-chief has deposed that accused no.1 was a Dental surgeon at Chikkaballapura District and his father was working as a Assistant District Health officer and during the year 1991 accused no.1 was working as a principal of P. C. Dental college, Bengaluru. That, PW3 has further deposed that in the month of August 1991 his father contacted accused no.1 for taking his admission in said P. C. Dental college, Bengaluru and during the period of his said admission his father had purchased 40 Indira vikas patras with the face value of Rs 5,000/- each and total amount was of sum of Rs 2,00,000/- and gave the same to accused no.1 as a donation and he studied in the said college during the years 1991-92 and 1992-93 and during the year 1994 as the galata was started they could not wrote their examination and as per the directions of the Government of Karnataka the examinations were conducted in the 25 C.C.No.8282/1995 month of March 1995. It is pertinent to note here that, PW3 has further deposed that, accused no.1 had issued to him hostel receipt for Rs 270/- - EXP20 and receipt for Rs 300/- towards revaluation fee-EXP21 and has not issued any other receipt.
It is significant to note here that, accused no.1 has cross- examined PW3 and has elicited that they have not informed any other trustees regarding the delivery of said Indira vikas patras to him and his serial number in the registration was within 40.
It is pertinent to note here that, accused no.2 to 10 have not cross-examined PW3.
14. It is pertinent to note here that, the prosecution to prove its above case has got examined CW3-Shri Shohre Hezareh s/o Ibrahim
-the student as PW4. It is to be noted here that, PW4 in his examination-in-chief has deposed that in the year 1987 he passed the examination at Iran which is equivalent to II year P. U. C. in Karnataka and in the year 1991 he came to Benagaluru and during that time accused no.1 was the principal of P. C. Dental college, Bengaluru and during that period he got admission in said college with the help of one Shri Razahhadakchian and that time he paid 26 C.C.No.8282/1995 Rs 9,000/- U. S. dollars to accused no.1 and the said amount is equivalent to Rs 2,75,000/- in Indian rupees and he also paid Rs 17,100/- towards the college fees for the first year B. D. S course. That, PW4 has further deposed that accused no.1 had issued in his favour receipts for Rs 50,000/- at EXP22, Rs 1,00,000/- at EXP25 and for Rs 2,000/- and 100/- at EXsP23 and 24 respectively. It is to be noted here that, PW4 has further deposed that, the college authorities have issued in his favour a letter-EXP26 for having received full and final amount form him for his B.D.S course for the year 1991-92. That, PW4 has further deposed that for his second year B.D.S course he paid Rs 15,700/- and for which the college authorities have issued to him receipt as per EXP27 and he studied in said college for two years i.e., 1991-92 and 1992-93 and at the time of second year examination, a strike was started and they were not allowed to write their examination and they were asked to write the examination at R.C. college, Bengaluru and in said college also the student have not allowed them to write the examination and thereafter, as per the orders of the State Government they wrote their examination at Government Dental college, Bengaluru. 27 C.C.No.8282/1995
It is significant to note here that, accused no.1 has cross-examined PW4 and has elicited that only on EXP23 accused no.1 had signed and he is not certain whether the said Raza took the said amount for himself or paid the same to accused no.1.
It is pertinent to note here that, accused no.2 to 10 have not cross-examined PW4.
15. It is pertinent to note here that, the prosecution to prove its above case has got examined CW2-Shri Ramin Khazraee s/o Gholamreza -the student as PW5. It is to be noted here that, PW5 in his examination-in-chief has deposed that in the year 1985 or 86 he passed the examination at Iran which is equivalent to II year P. U. C. in Karnataka and in the year 1991-92 he came to Benagaluru to study dental course and for which he met accused no.1 for seeking the admission for first year B. D. S course in the P. C. Dental college, Benagaluru and that time he paid sum of Rs 9,000/- U. S. dollars to accused no.1 and the said amount is equivalent to Rs 2,75,000/- in Indian rupees and during the said period accused no.1 had issued the four receipts on different dates for a total sum of Rs 1,00,100/- i.e., for Rs 20,000/- at EXP28, Rs 100/- at EX29, 28 C.C.No.8282/1995 50,000/- at EXP30 and for Rs 30,000/-at EXP31. It is to be noted here that, PW5 has further deposed that, he studied in said college for two years and as the said college had taken excess students, a strike was started and finally the said college was closed and as per the orders of the State Government he got admission for the first year in Dayanand Sagar Dental college, Bengaluru.
It is significant to note here that, accused no.1 has cross-examined PW5 and has tried to elicit that he has not received the said amount from him and his number was within 40 in admission list.
It is pertinent to note here that, accused no.2 to 10 have not cross-examined PW5.
16. It is pertinent to note here that, the prosecution to prove its above case has got examined CW10- Shri Ajit Makoose s/o V. K. Makoose -the student as PW6. It is to be noted here that, PW6 in his examination-in-chief has deposed that in the year 1989 he completed his P. U. C. in Kerala and in the year 1991 he came to Benagaluru, with one Shri Giri and in Bengaluru they have met with one Shri Venkateshwararao who inturn introduced him accused no.1 29 C.C.No.8282/1995 and that time accused no.1 asked them for paying sum of Rs 2,25,000/- for admission and at that time he was having only sum of Rs 1,20,000/- and accused no.1 was agreed for depositing the balance amount after one or two months and he paid sum of Rs 1,20,000/- in the hands of accused no.1 and for which he issued two receipts one for Rs 50,000/- as per EXP35 towards building fund and another receipt for Rs 100/- as per EXP36 towards application and prospectus. That, PW6 has further deposed that on 30.08.1991 he paid sum of Rs 1,02,000/- in the hands of accused no.1 and for which he gave two receipts one for Rs 20,000/- for caution deposit as per EXP37 and another receipt for Rs 40,000/- towards tuition fee as per EXP38. That, PW6 has further deposed that in second year course the said college had raised the tuition fee and for which he paid sum of Rs 5,700/- to one Shri Col. Lobo the administrative officer of the said college and for said amount a receipt had been issued to him as per EXP39. That, PW6 has further deposed that he could not take up his third year examination, as a strike was started and they were not allowed to write their examination and thereafter, they were asked to write the examination at R.C. college, Begaluru 30 C.C.No.8282/1995 and in said college also the student have not allowed them to write the examination and thereafter, as per the orders of the State Government they wrote their examination at Government Dental college, Bengaluru.
It is significant to note here that, accused no.1 in cross-examination of PW6 has tried to elicit that he has not received the said amount from him.
It is pertinent to note here that, accused no.2 to 10 have not cross-examined PW6.
17. It is pertinent to note here that, the prosecution to prove its above case has got examined CW16-Suresh P. Mathew s/o Mathew - the student as PW7. It is to be noted here that, PW7 in his examination-in-chief has deposed that in the year 1989 he passed his second year P. U. C. in Kerala and in the year 1991 he came to Benagaluru with his father and met accused no.1 for seeking admission for first year B. D. S course in P. C. Dental college, Benagaluru and that time they have paid sum of Rs 85,000/- to accused no.1 in cash and sum of Rs 65,000/- by way of Demand draft and during his second year course the management had asked 31 C.C.No.8282/1995 him for paying sum of Rs 5,700/- towards the fees and accordingly he paid the said amount and the management had issued three receipts for Rs 50,000/- at EXP40, Rs 40,000/- at EX41 and 1,10,000/- at EXP42. It is to be noted here that, PW7 has further deposed that he studied in said college for two years and as the said college had taken excess students, a strike was started and finally the said college was closed and as per the orders of the State Government he got admission in Vokkaliga Sangha Denatl college, Bengaluru.
It is significant to note here that, accused no.1 in cross- examination of PW7 has tried to elicit that the management had given the seat to him in said college and EXsP42 and 43 were issued by the managing trustees of the said college.
It is pertinent to note here that, accused no.2 to 10 have not cross- examined PW7.
18. It is pertinent to note here that, the prosecution to prove its above case has got examined CW23- Smt. Shakuntala d/o Prasad-the student as PW8. It is to be noted here that, PW8 in her examination- in-chief has deposed that in the year 1989 she passed her second 32 C.C.No.8282/1995 year P. U. C. in Nellur at Andhra Pradesh and in the year 1991 she came to Benagaluru with her father and met accused no.1 for seeking admission for first year B. D. S course in P. C. Dental college, Benagaluru and that time they have paid sum of Rs 1,50,000/- to accused no.1 towards capital fee and for which accused no.1 not issued any receipt in her favour and during the said period she also paid sum of Rs 10,000/- towards tuition fees for the first year and her second year course the management had asked for paying sum of Rs 15,700/- towards the tuition fees and for which accused no.6 had issued receipt in her favour as per EXP44. That, PW8 has further deposed that she paid Rs 20,000/- towards the tuition fees in her third year course, but, the college authorities have not issued any receipt to her for the said amount. It is to be noted here that, PW8 has further deposed that she could not take up her third year examination, as a strike was started and thereafter, as per the orders of the State Government she got admission in Bengaluru Institute of Science and in said college she paid sum of Rs 84,000/-.
It is significant to note here that, accused no.1 in cross-examination of PW8 has tried to elicit that he has not received 33 C.C.No.8282/1995 the said amount from her and her number was within 40 in admission list.
It is pertinent to note here that, accused no.2 to 10 have not cross- examined PW8.
19. It is pertinent to note here that, the prosecution to prove its above case has got examined CW26- Smt. R. S. Renuka d/o R. Sadashivaiah-the student as PW9. It is to be noted here that, PW9 in her examination-in-chief has deposed that in the year 1990- 91 she completed her PUC in Renuka Acharya college, Bengaluru and her father met accused no.1 for seeking her admission for first year B. D. S course in P. C. Dental college, Benagaluru and that time accused no.1 had asked them for paying sum of Rs 1,40,000/- and her father had expressed his inability for paying such huge amount to him and that time accused no.1 agreed to receive sum of Rs 1,10,000/- and asked to pay the balance amount in installments and that time they have paid sum of Rs 34,000/- to accused no.1 by way of Demand draft drawn on Mysore Bank on 14.08.1991 and again paid sum of Rs 34,000/- by way of Demand draft and sum of Rs 10,000/- in cash. That, PW9 has further deposed that in the 34 C.C.No.8282/1995 month of October 1991 and in her second year course she paid sum of Rs 15,700/- towards the tuition fees and for which accused no.6 had issued receipt in her favour as per EXP48. It is to be noted here that, PW9 has further deposed that, she could not take up her third year examination, as a strike was started and thereafter, as per the orders of the State Government she wrote her examination at Government Dental college, Bengaluru.
It is significant to note here that, accused no.1 in cross-examination of PW9 has tried to elicit that he has not received the said amount from her and her number was within 40 in admission list.
It is pertinent to note here that, accused no.2 to 10 have not cross-examined PW9.
20. It is pertinent to note here that, the prosecution to prove its above case has got examined CW20- Smt. Amulya d/o C. K. Rajagopalan-the student as PW10. It is to be noted here that, PW10 in her examination-in-chief has deposed that in the year 1991 she completed her PUC in Kerala and her father met accused no.1 for seeking her admission for first year B. D. S course in P. C. 35 C.C.No.8282/1995 Dental college, Benagaluru and that time he asked them for paying sum of Rs 1,50,000/- and her father paid the said amount to accused no.1 and apart from that amount she paid sum of Rs 10,000/- towards the tuition fees for the first and second year course and for which the receipts have been issued in her favour as per EXsP50 to
54. That, PW10 has further deposed that she could not take up her third year examination, as a strike was started and thereafter, as per the orders of the State Government she got the admission for third year course at Ambedkar college at Bengaluru.
It is significant to note here that, accused no.1 in cross-examination of PW10 has tried to elicit that he has not received the said amount from her and her number was within 40 in admission list.
It is pertinent to note here that, accused no.2 to 10 have not cross- examined PW10.
21. It is pertinent to note here that, the prosecution to prove its above case has got examined CW22- Smt. K. S. Khadeeja d/o K. M. Sulaiman-the student as PW11. It is to be noted here that, PW11 in her examination-in-chief has deposed that in the year 1991 36 C.C.No.8282/1995 she and her father have met accused no.1 for seeking her admission for first year B. D. S course in P. C. Dental college, Benagaluru and that time accused no.1 had asked them for paying sum of Rs 1,00,000/- and for which they have paid to him Rs 25,000/- in cash and have paid sum of Rs 25,000/- and 50,000/- by way of Demand drafts and apart from that amount she paid sum of Rs 10,000/- towards the tuition fees for the first, second and third year course i. e, for each year Rs 10,000/- and for which the receipts have been issued in her favour as per EXsP54 and 55. That, PW10 has further deposed that, she could not take up her third year examination, as a strike was started and thereafter, as per the orders of the State Government she got the admission for third year course at Ambedkar college, Bengaluru.
It is significant to note here that, accused no.1 in cross-examination of PW11 has tried to elicit that he has not received the said amount from her and her number was within 40 in admission list.
It is pertinent to note here that, accused no.2 to 10 have not cross- examined PW11.
37 C.C.No.8282/1995
22. It is pertinent to note here that, the prosecution to prove its above case has got examined CW34- Smt. Deepa d/o Rajan Mathew- the student as PW20. It is to be noted here that, PW20 in her examination-in-chief has deposed that in the year 1991 she and her uncle Shri A. E. John went to the office of P. C. Dental college and at that time in said office one official by name Shri Ajay was present and he asked for paying sum of Rs 1,75,000/- as a donation and they have paid the said amount to said Ajay and for which the said Ajay had issued in her favour three receipts at EXsP150, 151 and 152 and a chit at EXP153 and accused no.6 had issued receipt at EXP152 in her favour. It is pertinent to note here that, PW20 has further deposed that due to some problems she got the admission at K. L. E. Dental college, Bengaluru.
It is significant to note here that, accused no.1 in cross-examination of PW20 has elicited that her uncle alone went to the said college and paid the said fees and donations and her number was within 40 in admission list.
It is pertinent to note here that, accused no.2 to 10 have not cross-examined PW20.
38 C.C.No.8282/1995
23. It is pertinent to note here that, the prosecution to prove its above case has got examined CW159-Shri K. S. Mahesh s/o Shivarudrappa -the student as PW21. It is to be noted here that, PW21 in his examination-in-chief has deposed he passed his PUC examination in the year 1993 and he wanted to join dental course and for which he and his father went personally to accused no.1 and at that time accused no.1 asked them for paying sum of Rs 1,50,000/- for his admission to the first year B.D.S. course and asked to pay the said amount on 02.11.1993 and when they went to accused no.1 on that day he asked them to meet accused no.6 and pay the said amount in her hands and accordingly they have paid the said amount in the hands of accused no.6. That, PW21 has further deposed that for said amount accused no.6 had issued in his favour two receipts for Rs 1,30,000/- and 20,000/- as per EXsP154 and 155. That, PW21 has also deposed that on 07.11.1993 he also paid sum of Rs 50,000/- to accused no.1, but, he did not issued the receipt for the said amount.
It is significant to note here that, PW21 has further specifically deposed that he did not get hall ticket from the University to attend 39 C.C.No.8282/1995 the Ist year B. D. S course examination on the ground that his serial number in the admission list was 47. It is significant to note here that, PW21 has further specifically deposed that though, his serial number in the admission list was 47, but, his serial number in University list was 69 and for the said reason he and his father have contacted accused no.1 and enquired him and that time accused no.1 had assured that shortly everything will be sort out and also issued a letter to his father- EXP156. That, PW21 has further deposed that he and another students have approached the Hon'ble High Court of Karnataka and the Hon'ble Court had directed the University authorities for allowing them to write their examination and as per the said directions they wrote their examination in the month of April 1995 at Government Dental college, Bengaluru and even after taking the said examination his result was not announced and thereafter, he applied for a seat at K. L. E. Dental college, Bengaluru and got a seat in said college in the month of September 1995. It is pertinent to note here that, PW21 has specifically deposed that accused no.1 was responsible for taking excess admission and causing huge loss to him.
40 C.C.No.8282/1995
It is significant to note here that, accused no.1 in cross-examination of PW21 has elicited that he knew that the said college is permitted to admit only 40 students to the first year B. D. S. course and coming to know the said fact he did not write a letter to the University stating that the said college has got admitted more than 40 students.
It is pertinent to note here that, accused no.2 to 10 have not cross-examined PW21.
24. It is pertinent to note here that, the prosecution to prove its above case has got examined CW155-Smt. Hemalatha d/o Ramalingareddy -the student as PW22. It is to be noted here that, PW22 in her examination-in-chief has deposed she completed her second year PUC examination in the month of March 1992 and as she wanted to join dental course, one Shri Pullareddy took her and her father to accused no.1 and that time accused no.1 asked them for paying sum of Rs 3,50,000/- for her admission to the first year B.D.S. course and after negotiation they have paid sum of Rs 3,00,000/- in the hands of accused no.1 and for which he issued one receipt for the receiving the said amount-EXP157. That, PW22 41 C.C.No.8282/1995 has also deposed that on every same day she also paid sum of Rs 3,350/- in the hands of accused no.1 and for which he issued the receipt in her favour-EXP158. It is significant to note here that, PW22 has further specifically deposed that in the attendance register her serial number was 30, but, she was the sixth person to get the admission in the said college.
It is significant to note here that, accused no.1 in cross-examination of PW22 has elicited that she knew that the said college is permitted to admit only 40 students to the first year B. D. S. course and the amount mentioned in the EXP158 does not reveal that who received the said amount and they have not asked him for issuing the official receipt for receiving the said amount.
It is pertinent to note here that, accused no.2 to 10 have not cross-examined PW22.
25. It is pertinent to note here that, the prosecution to prove its above case has got examined CW107-Shri Bobby Emmanual s/o V. C. Mani-the student as PW26. It is to be noted here that, PW26 in his examination-in-chief has deposed he completed his B.E. degree in the year 1992 and he contacted one Shri C. M. John at 42 C.C.No.8282/1995 Ernaculam and the said John had assured him that he would get seat for him for B. D. S course in recognized college of Karnataka on payment of donation of sum of Rs 2,00,000/- and in the month of October 1993 he and the said John have came to Bengaluru and met one Shri Satish and he paid sum of Rs 2,00,000/- to said Satish to get B. D. S seat for him in P. C. Dental college, Bengaluru and that time accused no.1 was the principal of said college. That, PW26 has further deposed that he paid sum of Rs 1,00,000/- as a annual fees and Rs 10,000/- towards hostel fees and for which the receipts have been issued to him- EXs186 and 187. That, PW26 has also deposed he studied in said college for one year and thereafter a strike was started for taking excess students and for which the said college was closed.
It is pertinent to note here that, accused no.1 to 10 have not cross-examined PW22.
26. It is pertinent to note here that, the prosecution to prove its above case has got examined CW106-Shri Roy Cherian s/o P. V. Cherian -the student as PW27. It is to be noted here that, PW27 in his examination-in-chief has deposed he completed his PUC 43 C.C.No.8282/1995 in Kerala District in the year 1993 and he contacted one Shri M. G. Pothan who was the sub agent of Shri C. M. John and the said Pothan had assured him that he would get seat for him for B. D. S course in recognized college of Karnataka and they have asked him for giving sum of Rs 1,50,000/- as a donation and Rs 1,00,000/- as a fees. That, PW27 has specifically deposed that his father by selling his some of properties had paid sum of Rs 1,50,000/- in the hands of said John and also paid sum of Rs 50,000/- as an advance amount to him and for which he issued the receipt on a stamp for receiving the said amount - EXP188. That, PW27 has further deposed that after one week the said John introduced him one Shri Satish and thereafter, they went to P. C. dental college and met accused no.1 and that time accused no.1 promised him for giving one B. D. S seat and on every same day he paid sum of Rs 1,00,000/- to accused no.1 and also paid to him sum of Rs 3,000/- as a University fees, Rs 500/- as a mess advance and Rs 3,000/- as a hostel advance and for receiving the said amount accused no.6 had issued in his favour receipts-EX189, 191 to 193. That, PW27 has further deposed that he came to know that his roll 44 C.C.No.8282/1995 number was 57 and though, he completed one year course in said college, but, he was not allowed to take the examination.
It is pertinent to note here that, accused no.7 to 9 have cross-examined PW27 and have tried to elicit that he has not stated before the police about the said money transaction occurred and the roles played by said John, Pothan and Satish.
It is pertinent to note here that, accused no.1 to 6 and 10 have not cross-examined PW27.
27. It is pertinent to note here that, the prosecution to prove its above case has got examined CW109-Shri Sini Thomas s/o Thomas Mathai -the student as PW28. It is to be noted here that, PW28 in his examination-in-chief has deposed he completed his PUC in Kerala District in the year 1993 and in Benagaluru he met with one Shri Stalin and assured him that he would get seat for him for B. D. S course in good college and asked him for giving sum of Rs 75,000/- and he paid the said amount to him and when he asked the said Stalin for retuning the said amount, he failed to repay the same. That, PW28 has specifically deposed that in the month of October 1993 he directly went to P. C. Dental college Bengaluru and met 45 C.C.No.8282/1995 accused no.1 and that at time accused no.1 asked him for paying sum of Rs 3,00,000/- as a donation and sum of Rs 20,000/- as a fees and his father had paid sum of Rs 1,00,000/- to accused no.1 and Rs 2,20,000/- by way of Demand draft and sum of Rs 100 as a fees, Rs 500/- as a mess advance and Rs 3,000/- as a hostel advance and for receiving the said amount the receipts have been issued to him- EXsP196 to 198 and accused no.6 signed on said on said receipts.
It is pertinent to note here that, accused no.1 to 10 have not cross-examined PW28.
28. It is pertinent to note here that, the prosecution to prove its above case has got examined CW44-Shri Kaslyankumar Reddy s/o Balamukunda Reddy -the student as PW29. It is to be noted here that, PW29 in his examination-in-chief has deposed he completed his PUC in the year 1992 and in the month of June 1992 he directly went to P. C. Dental college Bengaluru and met the accused no.1 and that at time accused no.1 asked him for paying sum of Rs 2,00,000/- as a donation and he paid said amount to accused no.1 in cash and for receiving the said amount the receipts have been issued to 46 C.C.No.8282/1995 him- EXsP199 to 200 and later on, the said college was closed for taking the excess admission.
It is pertinent to note here that, accused no.1 to 10 have not cross- examined PW29.
29. It is pertinent to note here that, the prosecution to prove its above case has got examined CW28-Ernast Ezhilarasan s/o Ethuraj - the student as PW30. It is to be noted here that, PW30 in his examination-in-chief has deposed that he completed his PUC in the year 1992 and along with his uncle he directly went to the house of accused no.1 and that at time accused no.1 asked him for paying sum of Rs 2,00,000/- as a donation and apart from the said amount he paid Rs 2,19,000/- to accused no.1 and got admission in P. C. Dental college and when he asked accused no.1 for issuing the receipt, he told that he would pass receipt only for Rs 25,000/- and issued the receipt for Rs 25,000/-EXP202 and another receipt for Rs 17,100/- EXP203. That, PW30 has further deposed that he observed that more than 100 students in the said college and he brought to the notice of the management and the management assured that they would get approval for all the candidates and in the 47 C.C.No.8282/1995 mean time the said college filed the case and allowed the students for appearing the examination, but, subsequently the result of only first 40 candidates have been announced and thereafter they went on strike and thereafter he got admission in Ambedkar college, Bengaluru and completed his B. D. S course.
It is pertinent to note here that, accused no.1 to 10 have not cross-examined PW30.
30. It is pertinent to note here that, the prosecution to prove its above case has got examined CW102-Shri Ciju s/o M. P. Pulous -the student as PW31. It is to be noted here that, PW31 in his examination-in-chief has deposed he completed his PUC in the year 1993 and he contacted one Shri C. M. John and he assured him that he would get seat for B. D. S course in Karnataka with the approval of DCI and on 27.10.1993 he and his father came to Bengaluru and the said C. M. John had asked them for giving him sum of Rs 2,50,000/- and on that night they have met Shri Dr. Satish and Shri Rafi in P. C. Dental college and have paid them sum of Rs 1,00,000/- and sum of Rs 2,50,000/- to the said John and got the admission in said college. That, PW31 has further deposed that when 48 C.C.No.8282/1995 he came to know that his name was not within 40 he approached accused no.1 and accused no.1 assured that he would get approval for more seats, but, the management was failed to solve the said problem.
It is pertinent to note here that, accused no.1 to 10 have not cross-examined PW31.
31. It is pertinent to note here that, the prosecution to prove its above case has got examined CW42-Shri Sunesh Kuruvilla s/o P. T. Kuruvilla-the student as PW39. It is to be noted here that, PW39 in his examination-in-chief has deposed he completed his PUC in the year 1989-90 and in the year 1992 he came to Bengaluru and met accused no.1 for taking admission for first year B. D. S. course and that time accused no.1 asked him for giving him sum of Rs 2,00,000/- as a donation and in the month of September 1992 he paid Rs 30,000/- in cash and for Rs 70,000/- he issued cheque and for which the college had issued the acknowledgement to him- EXP223. That, PW39 has further deposed that as the said college had taken the students in excess it was closed and he lost his one and half year student life and for that accused no.1 was responsible. 49 C.C.No.8282/1995
It is pertinent to note here that, accused no.1 and 6 have cross- examined PW39 and have denied about the taking the said amount.
It is pertinent to note here that, accused no.2 to 5, 7 to 10 have not cross-examined PW39.
32. It is pertinent to note here that, the prosecution has got examined CW165-Shri Saleem Ahamed Hameed s/o Md. Abdul Hameed as PW13. It is pertinent to note here that, PW13 in his examination-in-chief has deposed that he joined as a accountant in P. C. Dental college in the year 1991 and he got the appointment in the said college through accused no.8 and at that time accused no.1 was the Managing trustee and Principal of said college, accused no.2 was the Chairman, accused no.6 was the General Manager, accused no.7 was the company Secretary, accused no.8 was the Financial consultant, accused no.10 was the Clerk and accused no.9 was also the General Manager prior to accused no.6. That, PW13 has further deposed that in said college no specific works have been entrusted to him and as per the instructions of accused no.1, 6 to 8 he uses to make the entries in cash book, bank book, ledger book, prepare the outstanding statements of the parties, salary statements, issue 50 C.C.No.8282/1995 receipts to the students towards hostel and tuition fees and caution depositions and the management of the college was looking after the admission of the students and collection of capitation fees and he has not issued any receipt for receiving the capitation fees.
It is pertinent to note here that, the accused no.7 to 9 in cross-examination of PW13 have elicited that the other employees of the said college were also issuing the receipts to the students as and when necessary and either principal or the management were not consulting any of the employees including them while taking the admission of the students or collecting the capitation fees or donation from the students.
It is pertinent to note here that, accused no.1 to 6 and 10 have not cross-examined PW13.
33. It is pertinent to note here that, the prosecution has got examined CW177-Shri Jan Madanlal s/o Jacharya-the then Principal of P. C. Nursing college, Bengaluru as PW14. It is pertinent to note here that PW14 in his examination-in-chief has deposed that the P. C. Dental college and Nursing Trust was constituted by five trustees and accused no.1 was the Managing Trustee and accused no.2 was the 51 C.C.No.8282/1995 Chairman and in the year 1993 he was the Principal of P. C. Nursing college and after accused no.1 absconding from Bengaluru, accused no.2 was continued as a Chairman and all the trust members were removed and new members were appointed in the said trust.
It is to be noted hare that, though, the accused no.1 and 6 have cross-examined PW14, but, nothing has been elicited from him.
It is pertinent to note here that, accused no.2 to 5, 7 to 10 have not cross-examined PW14.
34. It is pertinent to note here that, the prosecution has got examined CW185-Shri S. Mohanrao s/o S. Govindarao-the then Manager of Apex Bank L. H. branch as PW15. It is pertinent to note here that, PW15 in his examination-in-chief has deposed that on 23.01.1990 accused no.2 had opened the savings and current accounts in said bank and the savings account number was 2379 and it was opened with an initial amount of Rs 105/- and the total cash remittance to the said account was Rs 5,18,210/- and accused no.2 had issued 19 cheques infavour of Citibank each amounting to Rs 11,842/- and the total amount of said cheque was Rs 2,24,998/- and the said cheques were issued between November 1992 to April 52 C.C.No.8282/1995 1994 and in the month of November 1992 a sum of Rs 10,000/- has been transferred to current account of accused no.2 from his savings accounts.
It is pertinent to note here that, the accused no.2 in cross-examination of PW15 has elicited that he has not personally verified the entries found in EXP58 with the entries made in original ledger and he cannot say whether the current number 307 from which Rs 10,000/- has been transferred to the savings account belongs to accused no.2.
It is pertinent to note here that, accused no.1, 3 to 10 have not cross-examined PW15.
35. It is pertinent to note here that, the prosecution has got examined CW183-Shri Vargish John s/o Vargish-the then Officer at Federal Bank, Bashyannagara branch, Bengaluru as PW16. It is pertinent to note here that, PW16 in his examination-in-chief has deposed that the P. C. Dental college and Nursing Trust had an account in their branch and during the year 1993 the said trust had opened three F. D. accounts and two were for Rs 10,00,000/- each and third one was for Rs 12,50,000/- and along with accused no.1, 53 C.C.No.8282/1995 accused no.7 and 8 were authorized to operate the account and on 23.08.1994 the balance of the party in said account was Rs 583/-. That, the prosecution has got marked three M.B.D. account no. 44, 45 and 46 at EXsP60 to 62. That, PW16 has further deposed that, at the time of opening the said accounts the authorities have produced the copy of the trust deed and in said deed accused no.1 to 5 were mentioned as trustees and accused have taken the maximum loan on said deposits. That, PW16 has further deposed that, accused no. 1 being the Managing trustee has to sign on all cheques pertaining to the said accounts and pertaining to said accounts six cheques have been handled by him. That, the prosecution has got marked the said six cheques at EXsP63 to 68.
It is pertinent to note here that, the accused no.7 to 9 in cross- examination of PW16 have elicited that he do not know on what capacity accused no.7 and 8 have signed on said cheques and accused no.7 and 8 do not have their individual accounts in said branch and he aware that accused no.7 and 8 were not the trustees and the bank had advanced the loan to the trust.
54 C.C.No.8282/1995
It is pertinent to note here that, accused no.1 to 6 and 10 have not cross-examined PW16.
36. It is pertinent to note here that, the prosecution has got examined CW182-Shri Muralidhar B. s/o Bhavani Shanker-the then Manager of Syndicate Bank branch at Lingrajapuram as PW17. It is pertinent to note here that, PW17 in his examination-in-chief has deposed that on 20.1.1992 accused no.1 had opened an account bearing no.445 in their said branch in the name P. C. Dental college and Trust and as on 23.04.1994 the available balance in the said account was Rs 119.30/- and during his period little more than Rs 62,000/- was operated in the said account. That, PW17 has further deposed that apart from the said account, the said trust had also opened another account bearing no. 539 in the name of M/S P. C. Dental Hospital and during his period around Rs 88,000/- was transacted in respect of said account. That, PW17 has further deposed that the said current account no.445 was being operated by accused no.1 along with accused no.7 or 8 and the said current account bearing no.539 was being operated by accused no.6 along with accused no.8. That, PW17 has further deposed that accused 55 C.C.No.8282/1995 no.1 in his individual name opened one recurring deposing account bearing no.CD1288 and one savings account bearing no.16233- EXsP71 and 72 and these two personal accounts numbers were being operated by accused no.1 and during his time he handled five cheques pertaining to accounts no. 445 and 539 and the said cheque have been signed by accused no.1, 6 to 8. That, the prosecution has got marked the said five cheques at EXsP73 to 78.
It is pertinent to note here that, the accused no.7 to 9 in cross- examination of PW17 have elicited that accused no.1 is the principal signatory to the current account which is in the name of trust and accused no.6 and 8 are the two signatories to the current account which is in the name of the hospital and accused no.7 and 8 do not have their individual accounts in said branch and he aware that accused no.7 and 8 were not the trustees and the bank had advanced the loan to the trust.
It is pertinent to note here that, accused no.1 to 6 and 10 have not cross-examined PW17.
37. It is pertinent to note here that, the prosecution has got examined CW178-Shri T. A. Kannan s/o Narasimhachar-the then 56 C.C.No.8282/1995 Manager of Indiranagar branch, Corporation Bank, Bengaluru as PW18. It is pertinent to note here that, PW18 in his examination-in- chief has deposed that in the year 1992 accused no.1 opened an account in the trust and accused no.1 and 6 have opened the S.B accounts in their individual names and accused no.1 also opened another account in the name of Panathur Finance Company Pvt. Ltd and the trust account was being operated by accused no.1 along with accused no.7 and 8 and in respect of the current account of the trust, accused no.1 and 6 have deposited the title deeds of four properties situated at Ananthanagar, Bengaluru. That, the prosecution has got marked the certified copies of the Ledger extract of said current accounts at EXsP78 and 79, S. B. account of accused no.6 at EXP80 and S. B. account of accused no.1 at EXP81.
It is pertinent to note here that, the accused no.7 to 9 in cross-examination of PW18 have elicited that he has not stated before the police that accused no.8 was also one of the signatory for the operation of the trust account It is pertinent to note here that, accused no.1 to 6 and 10 have not cross-examined PW18.
57 C.C.No.8282/1995
38. It is pertinent to note here that, the prosecution has got examined CW179-Shri Naveenkumar Hegde s/o K. G. Gopal Hegde- the then Manager of Vijaya Bank branch, 3rd stage, HAL as PW19. It is pertinent to note here that, PW19 in his examination-in-chief has deposed that they have provided Over Draft facility to the said trust and for which the said trust had offered the equipments of the college as a security and in the month of December 1992 the said trust had availed further loan of Rs 5,00,000/- for the purpose of purchasing the dental chairs and in the month of January 1993 the said Over Draft facility was enhanced to Rs 10,00,000/- and accused no.1 was the principal operator of the said account and he was operating the account along with accused no.7 and the total debits in the said account comes to Rs 1,090,000/- and in all 65 cheques have been operated in the said current and Over Draft accounts. That, the prosecution has got marked the said 65 cheques at EXsP85 to 149 and certified copies of Ledger extracts of Over Draft for Rs 5,00,000/- at EXP82, Over Draft account enhanced from Rs 5,00,000/- to 15,00,000/- at EXP83 and Current account of the trust at EXP84. 58 C.C.No.8282/1995 It is pertinent to note here that, accused no.1 to 10 have not cross-examined PW19.
39. It is pertinent to note here that, the prosecution has got examined CW222-Shri Ashwathappa s/o Chandrappa-the then Assistant director, FSL, Bengaluru as PW23. It is pertinent to note here that, PW23 in his examination-in-chief has deposed that on 11.08.1995 he received the documents of this case from Dy. S. P, COD and one original admission statement of P. C. Dental college, Bengaluru, for the year 1993-94-EXP5. It is pertinent to note here that, PW23 has deposed that he analyzed the entries made in EXP5 i.e., the names of the students at serial numbers 33, 35 to 37 and submitted his report as per EXP160. It is significant to note here that, PW23 has further deposed that on careful examination of said entries he found that by erasing the earlier names, in said serial numbers some new names have added and the original name of the student at serial number 33 was Rajesh Gupta, at serial number 35 the original name of the student was Amarendra Reddy, at serial number 36 the original name of the student probably was Surrendrakumar Pagotra, at serial number 37 the original name of the student probably was 59 C.C.No.8282/1995 Padmini P. K and at serial number 39 the original name of the student probably was Kavitha K. That, PW23 has further deposed that on 19.08.1995 the COD police have referred the admission register of the college for the year 1992-93 for analyzing the obliterated writings in the names column and the relevant serial numbers were 71 to 75, 80, 84, 85, 93, 101, 117 to 120 and after analyzing the same he submitted his report as per EXP166. It is pertinent to note here that, PW23 has deposed that the said serial numbers are 14 in number- EXP167 to 180 and the original names are- Asadyarkahan, Jacob Thomas, Koney Gnena Sekar, Leena Jacob, Raza Mohamad, Mohamad Amini Zari, Farid Zahidi, Farshid Zhadi, Mohammad Hasham Nowroozi, Baba Khani, Subash Peter, Vinay Raj K, Gurdeep Singh, Edwin Mohan Dass and according to his opinion at serial number 6 the should be Mohammad Amini Nazari. It is pertinent to note here that, PW23 has further deposed that he retuned the original documents to COD police in sealed cover. That, the prosecution has marked the said seal cover at EXP181 and sample seals at EXP182.
60 C.C.No.8282/1995
It is pertinent to note here that, accused no.1 to 10 have not examined PW23.
40. It is pertinent to note here that, the prosecution has got examined CW194- Shri V. K. Sabu s/o Gourishanker Sabu-the Charted accountant as PW24. It is pertinent to note here that, PW24 in his examination-in-chief has deposed that he conducted the audit of the accounts of P. C. Dental and Nursing college Trust, Bengaluru and prepared the audit report and signed the same on 19.10.1992. It is to be noted here that, the prosecution has got marked the said Audit report at EX183. That, PW24 has further deposed that during the month of March 1992 the total income from applications, tuition fees and admission fees was sum of Rs 7,91,410/- and expenditure during the said period was Rs 19,53,421/- and fixed assets of the said trust was Rs 16,92,701/- and the stock of records and generals is tune of Rs 37,400/- and cash on hand was Rs 3,175/-. That, PW24 has further deposed that during the said period the trust fund consists of donation to the tune of Rs 26,86,402/- and the total loan amount was Rs 2,71,974/- and the loan from the Sundry creditors 61 C.C.No.8282/1995 was Rs 7,14,007/- and the total deficeit was sum of Rs 11,62,011/-.
It is pertinent to note here that, accused no.1 to 10 have not cross-examined PW24.
41. It is pertinent to note here that, the prosecution has got examined CW195- Shri A. Balamuralikrishna s/o A. Satyanarayana- the Charted accountant as PW25. It is pertinent to note here that, PW25 in his examination-in-chief has deposed that they have audited the accounts of P. C. Dental college and Nursing Trust for the year 1992-93 and the said audit includes tuition fees and donations. That, PW25 has further deposed that, the collection of the tuition fee during the said period was Rs 32,77,500/ and donation was Rs 43,94,950/- and the total receipts comes to Rs 76,50,000/- and total expenditure during the said period was of Rs 42,78,000/-, fixed assets acquired during the said period was of Rs 56,00,000/- and the said trust had deficit funds to the tune of Rs 20,79,834/-. That, PW25 has further deposed that, accused no.1 and 7 have signed the said report on behalf of the Management. It is to be noted here that, the prosecution has got marked the said Audit report at EXP184. 62 C.C.No.8282/1995
It is pertinent to note here that, accused no.1 to 10 have not cross-examined PW25.
42. It is pertinent to note here that, the prosecution has got examined CW205- Shri H. Narayan s/o Hanuman Singh-the then FDA in Directorate of Medical Education as PW32. It is pertinent to note here that, PW32 in his examination-in-chief has deposed that the as per EXsP5 and 6 the list of 110 students had been sent by the P. C. Dental college and they have approved the said list only for 40 students and disapproved the list for remaining students by striking down the same in the said list and accused no.10 had collected the said list form their office. It is significant to note here that, PW32 has further deposed that the COD police have asked him for verifying the EXsP5 and 6 and on verification it was found that at serial number 33 of EXP6 name of Abdul Waheed has been added by erasing the name of Rajesh Gupta and at serial number 35 of EXP5 name of Rajdeepbra has been added by erasing the name of Amarendra Reddy and at serial number 36 of EXP5 name of Rubi Meri has been added by erasing the name of Surendrakumar Pagota and at serial number 37 of EXP5 name of Hemalatha L has been added by erasing 63 C.C.No.8282/1995 the name of Padmini B. K and at serial number 39 of EXP5 name of Mehrbad Haghighi has been added by erasing the name of Kavitha K. It is pertinent to note here that, PW32 has further deposed that the names of the students appearing at serial number 33, 35, 36, 37 and 37 appearing in EXP17 tally with the names of the students appearing at serial number 33, 35, 36, 37 and 37 at EXP6, but, the names of the students appearing at serial number 33, 35, 36, 37 and 37 appearing in EXP5 do not tally with the names of the students appearing at serial number 33, 35, 36, 37 and 37 at EXP6.
It is pertinent to note here that, accused no.1 to 10 have not cross- examined PW32.
43. It is pertinent to note here that, the prosecution has got examined CW210-Shri A. N. Migalani s/o Eswardas-the then Secretary of Dental Counsel of India, New Delhi as PW33. It is pertinent to note here that, PW33 has deposed that in the month of July 1992 they have asked the P. C. Dental college for furnishing the particulars of teaching staff and other particulars in prescribed form, but, the said college had failed to furnish the said particulars. 64 C.C.No.8282/1995
It is pertinent to note here that, the accused no.6 and 7 have cross-examined PW33 and have elicited about the inclusion of sections 10(A) to (C) in Dentist Act and it is very much necessary to get affiliation of the University before making the process to obtain the permission.
It is pertinent to note here that, accused no.1 to 5, 8 to 10 have not cross-examined PW33.
44. It is pertinent to note here that, the prosecution has got examined CW209-Shri Goutam s/o Chandicharan Bose-the then Joint Secretary Ministry of Health, Government of India, New Delhi as PW34. It is pertinent to note here that, PW34 has deposed that accused no.1 was the principal of P. C. Dental College and at time the disciplinary proceedings have been initiated against accused no.1 as he without submitting his application for voluntary retirement and remaining absent had drawn the salary of one or two months and after inquiry he was discharged from his services and thereafter, he wrote a letter to the Director of Medical Education for closing the P. C. Dental College- EXP208.
65 C.C.No.8282/1995
It is pertinent to note here that, accused no.6 has cross-examined PW34 and has elicited that EXP208 is the Demo official letter and he do not remember whether P. C. Dental College was created under Indian Trust Act or not and whether there were any charges against the Director of Medical Education at that time.
It is pertinent to note here that, accused no.1 has cross-examined PW34 and has elicited that he before remaining absent, had applied for his voluntary retirement.
It is pertinent to note here that, accused no.2 to 5, 8 to 10 have not cross-examined PW34.
45. It is pertinent to note here that, the prosecution has got examined CW203-Shri Janardhan Rao s/o Ananthamaiah-the then Registrar (Evaluation) of Bengaluru University as PW35. It is pertinent to note here that, PW35 has deposed that during his regime he came to know that the principal of P. C. Dental College by violating the conditions had taken the admission of excess students and as per the directions of the Hon'ble High Court of Karnataka they have allowed all 110 students for taking the examination and initially they have announced the result of 40 students and subsequently as 66 C.C.No.8282/1995 per the directions of the Hon'ble High Court of Karnataka they have announced the results of remaining 70 students and for the next year the examination centre was changed from P. C. Dental College to R. C. college, Bengaluru.
It is pertinent to note here that, the accused no.6 has cross-examined PW35 and has elicited that he has no idea as how the P. C. Dental College was commenced and closed he was not the member secretary of the University.
It is pertinent to note here that, accused no.1 to 5, 8 to 10 have not cross-examined PW35.
46. It is pertinent to note here that, the prosecution has got examined CW207-Smt. Vidyavathi d/o Vidyanathan-the then Under Secretary of Medical Education Department as PW36. It is pertinent to note here that, PW36 has deposed as per the directions of Hon'ble Supreme Court of India in Unnikrishnan's case, in the year 1991-92 to 93-94 the re-allotment of seats from Dental college to other colleges were made and the Government had issued the Orders as per EXsP209 and 211.
67 C.C.No.8282/1995
It is pertinent to note here that, the accused no.1 has cross- examined PW36 and has elicited that he has not initiated any action against any other college except P. C. Dental college.
It is pertinent to note here that, the accused no.6 has cross- examined PW36 and has elicited that she do not know under what circumstances the P. C. Dental college was closed the said college was not in existence when EXP20 was issued and on whose instructions the figures have been mentioned in EXP211 and she was not aware whether all students of P. C. Dental college were accommodated by issuing EX209.
It is pertinent to note here that, accused no.2 to 5, 8 to 10 have not cross-examined PW37.
47. It is pertinent to note here that, the prosecution has got examined CW211-Shri M. Lokraj s/o Manickan-the then Under Secretary of Medical Education Department as PW37. It is pertinent to note here that, PW37 has deposed that during the years 1991-92, 1992-93 and 1993-94 the P. C. Dental college by committing the irregularities and against the prescribed quota had taken the admission of excess students and for which on 07.07.1994 a cause 68 C.C.No.8282/1995 notice-EXP212 was issued to the principal of said college i.e. to accused no.1 and on 15.09.1994 another notice was issued to the said college-EXP213 and for their first notice the P. C. Dental college had replied in the form of representation-EXP214 and the Government was not satisfied with the said reply and representation. That, PW37 has further deposed that in the year 1994-95 the Government had issued the G. O. for closing P. C. Dental college- EXP216 and on 15.09.1994 the Government had also issued the letter to the Registrar of Bengaluru University for withdrawing the affiliation given to P. C. Dental college-EXP217 and on 15.09.1994 the Government had issued one confidential letter to the Director of Medical Education-Dr. Kantha for lodging the complaint.
It is pertinent to note here that, the accused no.1 has cross- examined PW37 and has elicited that he has not initiated any action against any other college except P. C. Dental college.
It is pertinent to note here that, the accused no.6 has cross-examined PW37 and has elicited that EXP217(a) is a postal receipt and not the acknowledgement and he was not aware what happened after issuing the notice as per EXP217. It is pertinent to 69 C.C.No.8282/1995 note here that, the accused no.6 has further elicited that he is not aware whether excess students were admitted in any other college and the said Dr. Kantha has not lodged the complaint and he was not aware whether the P. C. Dental college was run by trust.
It is pertinent to note here that, accused no.2 to 5, 8 to 10 have not cross-examined PW37.
48. It is pertinent to note here that, the prosecution has got examined CW224-Shri S. B. N. Prakash s/o S. M. Bilagiri-the then Hon'ble District and Sessions Judge as PW38. It is pertinent to note here that, PW38 has deposed about the confessional statement recorded by him of accused no.1-EXP222.
It is pertinent to note here that, the accused no.1 has cross- examined PW38 and has tried to elicit that he has not given any pre- caution to accused no.1 before recording his aforesaid statement and accused no.1 had not given statement voluntarily before him.
It is pertinent to note here that, accused no.2 to 10 have not cross-examined PW38.
49. It is pertinent to note here that, the prosecution has got examined CW223-Shri Mohammed Akbar s/o Mohammed Hayath-the 70 C.C.No.8282/1995 then Senior auditor in CID, Bengaluru as PW40. It is pertinent to note here that, PW40 in his evidence has deposed about the audit conducted by him pertaining to the P. C. Dental college form 1991 to 1994 and submitted his report.
It is pertinent to note here that, the accused no.1 and 6 have cross-examined PW40 and have elicited that on basis of the documents furnished by the COD police he conducted the said audit report.
It is pertinent to note here that, accused no.3 to 5 have adopted the said cross-examination and accused no.7 to 10 have not cross- examined PW40.
50. It is pertinent to note here that, the prosecution has got examined CW226-Shri Rudrappa s/o Ayyappa Bannikoppa as PW41 and Shri K. Munireddy s/o G. Havalappa- as PW42. It is pertinent to note here that, PWs41 and 42 are the Investigating officers and have deposed about the investigation conducted by them in present case.
It is pertinent to note here that, accused no.1 to 10 have cross- examined PWs41 and 42.
71 C.C.No.8282/1995
51. It is pertinent to note here that, the special rules of proof in criminal case are that -(1) there is presumption of innocence of the accused till the contrary is proved, (2) that the burden of proof lies on the prosecution and (3) the guilt of the accused should be proved to a moral certainty beyond any reasonable doubt. It is pertinent to note here that, in the instant case admittedly accused no.3, 6 to 10 are facing the trial for the offence punishable under sections 403, 406, 418, 420 and 120(B) r/w sec 34 of the Indian Penal Code. It is pertinent to note here that, in the instant case it is not in dispute that the P. C. Dental college by violating the sanctioned strength had taken the admission of the students in excess. It is pertinent to note here that, from overall evidence of all witnesses it clearly appears that accused no.1 being the principal of the said college was alone responsible for taking the admission of the students in excess and for which he collected the huge amount from the students and misappropriated the same. It is pertinent to note here that, none of the witnesses have deposed about the roles played by accused no.2 to 10 in committing the alleged offences. It is pertinent to note here that, in the instant case as stated above PWs8, 9, 20, 21, 27 and 28 72 C.C.No.8282/1995 have deposed that the accused no.6 had signed the receipts. It is pertinent to note here that, the prosecution has not at all substantiated under what capacity the accused no.6 had signed on said receipts. It is significant to note here that, as stated above PW15 has deposed that the accused no.2 had opened the S. B and Current accounts in Apex Bank, L. H. branch and he issued 19 cheques in favour of the Citi Bank each amounting to Rs 11,842/-. It is pertinent to note here that, mere opening of the accounts and issuing the cheque is not suffice to hold that the accused no.2 has committed the alleged offences. It is pertinent to note here that, PWs16, 17 and 18 have deposed that, accused no.7 and 8 were authorized to operate the accounts. It is pertinent to note here that, mere authorization is not sufficient to hold that the accused no.7 and 8 have committed the alleged offences. It is pertinent to note here that, PW18 in his evidence has deposed that accused no.6 had opened her individual account in Corporation Bank, Indiranagar branch, Bengaluru. It is pertinent to note here that, mere opening an account in any bank does not amount to the commission of the offence by accused no.6. It is pertinent to note that, 73 C.C.No.8282/1995 in the instant case though, the prosecution has got marked the audit reports pertaining to the P. C. Dental college, but, from the said reports it cannot be held that accused no.2 to 10 have committed the alleged offences. It is pertinent to note here that the prosecution has also failed to prove that the accused no.2 to 10 have forged the alleged documents. It is significant to note here that, from entire evidence of PW41 it clearly appears that accused no.2 to 10 have been falsely implicated in present case. It is significant to note here that, mere marking of the documents is not sufficient. It is pertinent to note here that, marking of the document is only a ministerial act. It is the duty of the prosecution to prove the contents of the documents got marked by it. It is significant to note here that, mere assertion is not sufficient to convict the accused for the alleged offences. It is pertinent to note here that, in the instant case from over all evidence of aforesaid witness it not forthcoming that, the accused no.2 to 10 have committed the alleged offences. It is pertinent to note here that, from over all evidence of the witnesses it clearly appears that accused no.1 is the main offender in present case. It is pertinent to 74 C.C.No.8282/1995 note here that, in the instant case the prosecution has failed to prove beyond all reasonable doubt that the accused no.2 to 10 conspiring with each other and with an intention to cheat the students have received the huge amount and have forged the documents. It is pertinent to note here that, in view of My above findings and without much discussion I hold that, the prosecution has failed to prove beyond all reasonable doubt the guilt of the accused for the offence punishable under sections 403, 406, 418, 420 and 120(B) r/w sec 34 of the Indian Penal Code. In view of the same, point no.1 is answered in the NEGATIVE.
52. Point No.2:- That, as discussed on point no.1, I proceed to pass the following, ORDER That, acting under section 248(1) of the Code of Criminal Procedure, accused no.3, 6 to 10 are acquitted for the offence punishable under sections 403, 406, 418, 420 and 120(B) r/w sec 34 of the Indian Penal Code.
That, the bail and surety bonds of accused no.3, 6 to 10 are stands cancelled.
75 C.C.No.8282/1995
That, accused no.3, 6 to 10 shall comply with the provisions of section 437(A) of the Code of Criminal Procedure. 76 C.C.No.8282/1995 (Typed and corrected by me and pronounced in the open Court on this 14th day of September 2016).
Date:14.09.2016 (Hema Pastapur)
Place:Bengaluru I Addl C. M. M, Bengaluru
Annexure
List of witnesses examined on behalf of the prosecution PW1: G. Nanjappa s/o G. N. Ganganna;
PW2: A. M. Pathan s/o M. R. Pathan;
PW3: Priyadarshi s/o Late Dr. P. Nanjudaiah;
PW4: Shohre Hezareh s/o Ibrahim;
PW5: Ramin Khazraee s/o Gholmreza;
PW6: Ajit Makoose s/o V. K. Makoose;
PW7: Suresh P. Mathew s/o Mathew;
PW8: Shakuntala d/o Prasad;
PW9: R. S. Renuka d/o R. Sadashivaiah;
PW10: Amulya d/o C. K. Rajagopalan;
PW11: K. S. Khadeeja d/o K. M. Sulaiman;
PW12: Dr. S. K. Kantha s/o N. A. Jadhav;
PW13: Saleem Ahamed s/o Ahamed Hameed;
PW14: Jan Madanlal s/o Jacharya;
PW15: S. Mohanrao s/o S. Govindrao;
77 C.C.No.8282/1995
PW16: Vargish John s/o Vargish;
PW17: Muralidhar B s/o Bhavani Shanker;
PW18: T. A. Kannan s/o Narasimchar;
PW19: Naveenkumar Hegde s/o K. Gopal Hegde;
PW20: Deepa d/o Rajan Mathew;
PW21: K. S. Mahesh s/o Shivarudrappa;
PW22: Hemalatha d/o Ramalingareddy;
PW23: Ashwathappa s/o Chandrappa;
PW24: V. K. Sabu s/o Gourishanker Sabu;
PW25: A. Balamurali Krishna s/o A. Satyanarayan; PW26: Bobby Emmanual s/o V. C. Mani;
PW27: Roy Cherian s/o P. V. Cherian;
PW28: Sini Thomas s/o Thomas Mathai;
PW29: Kaslyankumar Reddy s/o Balamukunda Reddy; PW30: Ernest Ezhilarasan s/o Ethuraj;
PW31: Ciju s/o M. P. Paulous;
PW32: H. Narayan s/o Hanuman Singh;
PW33: A. N. Migalani s/o Eswardas;
PW34: Goutam s/o Late Chandicharan Bose;
PW35: K. Janardhanrao s/o K. Ananthamaiah;
PW36: Vidyavathi d/o Vidyanathan;
PW37: M. Lokraj s/o Manickm:
PW38: S. B. N. Prakash s/o S. M. Bilagiri; PW39: Sunesh Kuruvilla s/o P. T. Kuruvilla; 78 C.C.No.8282/1995
PW40: Mohammed Akbar s/o Mohammed Hayat;
PW41: Rudrappa s/o Ayyappa Bannikoppa and
PW42: K. Munireddy s/o G. Havalappa.
List of documents marked on behalf of the prosecution EXP1: True copy of Government order for the year 1991-92;
EXP2: True copy of Government order for
the year 1992-93;
EXP3: True copy of Government order for
the year 1993-94;
EXP4: Government order;
EXP5: List of students;
EXP5(a): Seal and signature of Director of
Medical Education;
EXsP5(b) and (c): Signatures of PW12;
EXP6: Copy of list of students;
EXP6(a): Signature of PW12;
EXsP6(b) and (c): Signatures of PW12;
EXP7: Letter of Director of Medical Education;
EXP7(a): Signature of PW10;
EXP7(b): Signature of PW1;
EXP8: Complaint;
EXP8(a): Signature of PW1;
EXP8(b): Signature of PW42;
79 C.C.No.8282/1995
EXP9: LIC report for the academic year 1991-92;
EXP10: Notification issued by the university
dated 11-08-1992;
EXP11: Report of LIC for the year 1993-94;
EXP12: Letter written by University to the
Principal of P. C. Dental College;
EXP12(a): Specific observation regarding the
admission of excess students;
EXP13: Report of the LIC for the year 1994-95;
EXP14: List of 46 students submitted by the
college;
EXP15: List of students submitted by the college
for the year 1992-93;
EXsP16 and P17: Admission registers for the year 1991-92, 1992-93 and 1993-94;
EXP17(a): Relevant entry at Sl.No.53;
EXP17(b): Serial number of PW31;
EXP18: Office copy of Letter dated 13-09-1994
written to the University by the Director of
Medical Education;
EXP19: Copy of the notice;
EXP20: Hostel receipt;
EXP21: Receipt for Rs.300/-;
EXP22: Receipt for Rs 50,000/-;
80 C.C.No.8282/1995
EXsP23 and P24: Original receipts for Rs.2,000/- and Rs.100/-
respectively;
EXP23(a): Signature of accused no.1;
EXP25: Receipt for Rs.1,00,000/-;
EXP26: Letter issued by the authorities of Dental
college to PW4;
EXP27: Receipt for Rs 15,700/-;
EXsP28 to P31: 4 receipts for Rs.20,000/-, Rs.100/-,
Rs.50,000/- and Rs.30,000/- respectively; EXsP32 and P33: Letters written by accused no.2 to V.C. of Bengaluru University dated:- 04-06-1991 and 26-06-1991 respectively;
EXP32(a): Rubber seal;
EXP34: Note sent by the then Health Minister to
one Shri G. Puttaswamygowda;
EXsP35 and P36: Receipts for Rs.50,000/- and Rs.100/-
respectively;
EXsP37 and 38: Receipts for Rs.20,000/- and Rs.40,000/-
respectively;
EXP39: Receipt for Rs.5,700/-
EXsP40 to P43: 4 Original receipts
EXP44: Original receipt for Rs 15,700/-;
EXP45: Demand draft for Rs 34,000/-;
EXsP46 and P47: Receipts for Rs.100/- and Rs.10,000/-
respectively;
81 C.C.No.8282/1995
EXP48: Receipt issued by accused no.3 for
Rs.15,700/-;
EXsP49 to 54: Receipts for Rs 20,000/-, Rs 40,000/-,
Rs 100/-, Rs 10,000/-, Rs 702/- and
Rs 1,000/- respectively;
EXP55: Receipt for Rs 100/-;
EXP56: Receipt in hand written issued to PW11;
EXP57: Letter of State Government dated:-
15-09-1994;
EXP57(a): Signature of PW37;
EXP58: Certified copy of ledger extract of S.B.
account bearing no.2379;
EXP59: Certified copy of Current account bearing
no.CA565;
EXsP60 to P62: Certified copies of 3 MBS accounts of
the Trust;
EXP63 to P68: 6 cheques;
EXP69: True copy of the extract of the Current
account bearing no.445;
EXP70: True copy of account bearing.539;
EXsP71 and P72: True Copies of account bearing no. CD 1288 and S.B. account bearing no. 16233;
EXsP73 to P77: 5 Cheques; 82 C.C.No.8282/1995 EXP78: Certified copy of ledger extract of current account bearing no.424; EXP79: Certified copy of ledger extract of current account opened in the name of Panathur Finance company Pvt. Ltd.; EXP80: Certified copy of ledger extract of current S. B. account in the name of accused no.6; EXP81: Certified copy of ledger extract of S.B. account of accused no.1; EXP82: Certified copy of loan ledger extract of Over Draft account for Rs.5,00,000/-; EXP83: Certified copy of Over Draft account; EXP84: Certified copy of ledger extract of current account of the trust; EXsP85 to 149: 65 cheques; EXsP150 to 152: 3 Original receipts; EXP153: Chit; EXsP154 and 155: 2 Original receipts; EXP156: Original letter issued by accused no.1 in favour of father of PW21; EXP156(a): Signature of accused no.1; EXP157; Original receipt; EXP157(a): Signature of accused no.1; EXP158: Original receipt; EXP159: Original Hall ticket of PW22; 83 C.C.No.8282/1995 EXP160: Opinion of PW23; EXP160(a): Signature of PW23; EXsP161 to 165: 5 photographs; EXP166: Opinion of PW23; EXP166(a): Signature of PW23; EXsP167 to 180: 14 serial numbers; EXP181: Sealed cover; EXP182: Sample of seal; EXP183: Audit report; EXP183(a): Signature of PW24; EXP183(b): Relevant balance sheet; EXP183(c): Balance sheet as on 31-3-1992; EXP184: True copy of audit report; EXP184(a): Statements of particulars; EXP185: Receipt for Rs 1,00,000/-
EXsP185 and P186: 2 receipts for hostel advance and college fees;
EXP187: Receipt for Rs 3,350/-;
EXP188: Receipt;
EXP188(a): Signature of one Shri Pothan;
EXP189: Admission card of PW27;
EXP190: Receipt for Rs 3,000/-;
EXP191: Receipt for Rs 3,350/-;
EXP192: Receipt for Rs 500/-;
EXP193: Receipt for Rs 1,00,000/-;
84 C.C.No.8282/1995
EXP194: Certificate issued by State Bank of
Travankoor;
EXP195: Bonafide certificate;
EXsP196 to P198: 3 receipts for Rs 100/-, Rs 500/- and
Rs 3,000/- respectively;
EXsP196(a) to 198(a):Signatures of accused no.6;
EXsP199 and 200: Receipts;
EXP201: Application for admission;
EXsP202 and P203: Receipts for Rs 25,000/- and
Rs 17,100/- respectively;
EXP204: Application of admission;
EXP204(a): Endorsement;
EXP205: Admission card of PW31;
EXP206: Receipt for Rs.1,00,000/-
EXP207: Regulation;
EXP208: Letter of PW34 to Director of Medical
Education;
EXP209: Government order dated 21-06-1995;
EXP210: 2 annexures to EXP209;
EXP211: Government order;
EXP212: Show cause notice issued to the
Principal of P. C. Dental college dated
07-07-1994;
EXP213: Notice issued to the P. C. Dental College
dated 15-09-1994;
85 C.C.No.8282/1995
EXP214: Reply of P.C. Dental College;
EXP214(a): Initial of PW37;
EXP215: Government order;
EXP216: Government order;
EXP217: Letter issued by the Government to the
Registrar of Bengaluru University dated
15-09-1994;
EXP217(a): Postal receipt;
EXP218: Requisition of Dy.SP, COD, (Special)
Squad;
EXP218(a): Endorsement of PW38;
EXP219: Requisition of Superintendent of jail;
EXP219(a): Endorsement of PW38;
EXP220: Order sheet with signature of
accused no.1;
EXP220(a): Signature of accused no.1;
EXP220(b): Seal and signature of PW38;
EXP221: Order sheet dated 29-11-1995;
EXP221(a): Signature of accused no.1;
EXP221(b): Seal and signature of PW38;
EXP222: Confessional statement of accused no.1;
EXP222(a): Signature of accused no.1;
EXP222(b) Seal and signature of PW38;
EXP223: Endorsement of Federal Bank;
86 C.C.No.8282/1995
EXP224: Statement of Accounts for the
year 1991-92;
EXP224(a): Signature of PW40;
EXP225: Cash book for the year 1992-93;
EXP226: Cash book;
EXP227: Statement of accounts for the relevant
year1992-93;
EXP228: Cash book for the year 1993-94;
EXP229: Ledger book for the year 1993-94;
EXP230: Statement of accounts for the
year 1993-94;
EXP231: List of particulars of DD and cheques;
EXP231(a): Signature of PW40;
EXP232: Particulars of cheques;
EXP232(a): Signature of PW40;
EXP233: Audit report;
EXP233(a): Signature of PW40;
EXP234: Seizure mahazar;
EXP234(a): Signature of PW41;
EXP235: Seizure mahazar;
EXP235(a): Signature of PW41;
EXP236: Seizure mahazar;
EXP236(a): Signature of PW41;
87 C.C.No.8282/1995
EXP237: Voluntary statement of accused no.6;
EXP238: Further statement of accused no.6;
EXP239: Possession certificate cum Letter
of authority;
EXP240: Letter issued by the Secretary of
Ideal Homes Township to the Dy SP of SB,
COD, Bengaluru;
EXP241: Certified copy Khata utar;
EXP242: Khata extract;
EXP243: Letter sent by Sub-Registrar Anekal
to PW41;
EXP244: Certified copy of sale deed;
EXP245: Copy of Khata utar;
EXP246: Copy of Khata utar;
EXsP247 to P251: Copies of receipts issued by Dharti Builders and Developers Pvt. Ltd.;
EXP252: Copy of letter issued by Dharti Builders;
EXP253: Copy of sale deed;
EXsP254 to P260: 7 receipts;
EXP261: FIR and
EXP261(a): Signature of PW42.
List of witnesses examined on behalf of the accused no.3, 6 to 10 Nil 88 C.C.No.8282/1995 List of documents marked on behalf of the accused no.1 EXD1: Certified copy Deposition of PW38 in Spl C. C. NO. 30/1997.
List of documents marked on behalf of the accused no.3, 6 to 10 Nil Date:14.09.2016 (Hema Pastapur) Place:Bengaluru I Addl C. M. M, Bengaluru. 89 C.C.No.8282/1995 (Judgment pronounced in the Open Court, vide separate order) ORDER That, acting under section 248(1) of the Code of Criminal Procedure, accused no.3, 6 to 10 are acquitted for the offence punishable under sections 403, 406, 418, 420 and 120(B) r/w sec 34 of the Indian Penal Code.
That, the bail and surety bonds of accused no.3, 6 to 10 are stands cancelled.
That, accused no.3, 6 to 10 shall comply with the provisions of section 437(A) of the Code of Criminal Procedure.
(Hema Pastapur) I Addl.CMM, Bangalore.