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Patna High Court CR. APP (SJ) No.973 of 2022 dt.18-12-2024 with attachment of status report of some policies.
Exhibit-13/2 Computer Generated
Commission Inquiry Report and
signature, seal of witness Aditya
Mohan Jha on it.
Exhibit-13/3 Application form related to
festival advance of Pawan Kumar
Rajak.
Exhibit-13/4 Seizure memo of letter related to
festival advance dated
18.02.2014.
Exhibit-14 Letter sent by A.M. Jha to CBI to
provide information regarding
commission of 4 policies.
Exhibit-15 Report related to the
investigation conducted by PK
Gupta in respect of Pawan
Kumar Rajak along with 03
others.
Exhibit-16 Report of investigation
conducted by PK Gupta again
regarding 09 policies and 03
cheques.
Exhibit-17 Letter dated 08.10.2012 written
by Shri Rajesh Kumar to the
investigation team (team
members Hira Singh, P.K.
Gupta, Rajesh Kumar and
Upendra Prasad) drawing
attention to certain deficiencies
in the investigation.
Exhibit-18 Forwarding letter of 14 cheques
sent by Shahid Akhtar to CBI.
Exhibit-18/1 to 18/14 Cheque Nos. 638436, 951171,
902407, 901225, 953025,
955302, 941099, 942423,
947092, 630668, 920366,
918726, 889867, 897014
11. Hence, the present appeal.
Argument on behalf of the appellants/convicts:
12. Mr. Gaurang Chatterjee, learned counsel appearing for appellant Pawan Kumar Rajak, while opening the argument submitted that only allegation against this appellant is that the loan vouchers in question were created/raised through his ID/password which was his SR Code, and, therefore, it was presumed that the appellant had committed the entire offence with the help of co-accused persons. It is submitted that by and large except aforesaid allegation nothing survives against this appellant out of testimony of prosecution witnesses. It is pointed out that no computer generated vouchers were brought on record and merely on the basis of screenshots obtained from computer, which was not even supported by certificate being secondary electronic evidence as mandatorily required under Section Patna High Court CR. APP (SJ) No.973 of 2022 dt.18-12-2024 65B of the Indian Evidence Act, the entire prosecution was lodged making impugned judgment of conviction questionable on its face. It is submitted that with aforesaid evidence the criminal conspiracy qua cheating and creating forged document cannot said to be proved. It is further pointed out that appellant Pawan Kumar Rajak, only being govt. servant implicated with the provisions of P.C. Act, where admittedly no transaction of money found with him as to categorize him a beneficiary out of alleged fraudulent transaction of money.
37. P.W. 4 is Ashutosh Kumar, he was chief manager of LIC Patna Sahib Branch, between 2 nd May 2011 till 30th May 2012. During his posting, appellant Pawan Kumar Rajak was posted as an Assistant. He was posted in Rules Section Department. He was posted there since last 10-12 years. He was also the Base Secretary of All India Insurance Employees Association. He deposed out of his personal experience that generally Union Leader does not prefer to Patna High Court CR. APP (SJ) No.973 of 2022 dt.18-12-2024 work with heavy work load section, but appellant Pawan Kumar Rajak was posted with heavy work load section of Loan Sanction Branch. It was stated that the appellant Pawan Kumar Rajak had hold over entire branch and he was also of nuisance value. It was deposed that he found more cases in Patna Sahib Branch regarding issuance of loan against duplicate policies. He also found that in some policy several duplicate bonds were issued. He also received complaint from policy holders that loan amount and interest was deducted from their maturity value. He rectified all such complaint cases, which came to his knowledge. He enquired the matter after getting knowledge of aforesaid complaint and thereafter he reshuffled the seat of staff and their allotted duties. He also enquired Sub-Ledger Account No. 11395400, which was related with policy loan interest other than unit policies. He also said to enquired the Unit Policy Ledger of aforesaid account. Both these ledgers generated through computer system and, upon perusal, he found that the big amount entries were made in debit side, which normally to be made in credit side. He found that 85 loan payment vouchers for Rs. Patna High Court CR. APP (SJ) No.973 of 2022 dt.18-12-2024 47 lakhs was paid to different policy holders, all vouchers were found generated with same SR No. which was of appellant Pawan Kumar Rajak. It was deposed that entire work of branch was done through computer system and the vouchers generated thereof reflects only SR Number. He also came to know that in all said policies number of agent was mentioned as 1436544, which was of maximum recurrence and said code was of appellant Aftab Alam, who was the direct agent and was not under any AO (Administrative Officer). It was deposed by him that loan payment vouchers generated by computer system and thereafter it's print out was to be obtained and on the basis of said vouchers, cheque was prepared for delivery to policy holders. He searched all 85 payment vouchers in branch but did not find it. He found the hard copy of vouchers, subsequent to the vouchers which were in issue. It was testified that regarding the aforesaid irregularities he submitted his secret report to Senior Div. Manager, LIC Office, Div. No. 1, Patna, on 21.05.2012 through e-mail. He identified his signature on the said report and also annexed the list of 85 vouchers against which Patna High Court CR. APP (SJ) No.973 of 2022 dt.18-12-2024 payments were made. He identified the signatures on the said report, which upon his identification was exhibited as Exhibit-
38. P.W. 5 is Bhudev Malik, he was working as Manager (EDMS-Enterprise Documentation Management System) since May 2011 to May 2014 in the Divisional Office- I of the LIC. He identified the document regarding constitution of team to enquire in financial irregularities, which was consisting of Sri S.N. Sharma Manager (F & A) and Bhudev Malik Manager (EDMS). The aforesaid team was constituted by Manager P.C. Paikre (P.W. 8). He identified said document/note sheet during the course of investigation, which Patna High Court CR. APP (SJ) No.973 of 2022 dt.18-12-2024 upon his identification was exhibited as Exhibit-5. It was categorically stated by him that during enquiry, they tried to search vouchers and related documents but same was not found. For said purpose he took help of other employee of the branch and thereafter inspected the sub-ledger of LIC module, from where they got policy numbers of suspected payments, which was related with total of 49 policies. He found that payment was made by fraudulent means and thereafter he took out print of loan history of said policies. Upon his identification said loan policy papers were marked as Exhibit-6 to 6/47 series. It was stated by him that from loan history they found that how many times fraudulent transactions were made and what was it's transaction number and thereafter he took the screenshot of the said vouchers and payment amount from LIC module. It was stated that as there was no option to get printout on second occasion, therefore, its screenshot was obtained. He took screenshot of 97 vouchers during the course of investigation/enquiry. Every screenshot was signed by Sri S.N. Sharma, which upon his identification was exhibited as Exhibit-7 to 7/96. They Patna High Court CR. APP (SJ) No.973 of 2022 dt.18-12-2024 handed over all such screenshot to CBI during the course of investigation. He also identified his signature upon the seizure memo, which was prepared by CBI Inspector A.K. Jha, which upon his identification was exhibited as Exhibit-8. It was stated by him that from the screenshots print of vouchers, it appears that by using "Add Pay" Option, fraudulent transactions were made. It was stated that "Add Pay" Option was in debit side of loan module of LIC, which is generally used for adjusting of short remittances in loan payment. It was said that all vouchers were generated through S.R. (Salary Roll) No. 339411, which was of Assistant Pawan Kumar Rajak. It appears from his deposition that password was required to be created by employees themselves, whereas temporary password for one time was supplied by administrator. This password is secret password, which remains under exclusive knowledge of a particular employee. It was stated that every created password as above mandatorily to be changed after 30 days. It was deposed that the printout of screenshots were exhibited as Exhibit-7/96. Explaining transaction, it was stated that from voucher no. Patna High Court CR. APP (SJ) No.973 of 2022 dt.18-12-2024 411710, where the loan amount was shown as Rs. 66,000/- by using "Add Pay" Option loan of Rs. 90,000/- was added on the second time and thereafter Rs. 6358/- was recovered from the said loan and out of said amount two premiums were deposited to make the policy update. Aforesaid fraudulent transaction was made in policy no. 510861919, which was in the name of one Abdul Sattar. Stating further it was said that Exhibit-7/87 is loan vouchers of the policy having voucher no. 412572, where by using "Add Pay" Option, Rs. 82,000/- was added and was made Rs. 87,247/-. This payment was made to one Sahir Alam son of late Abdul Sattar. Forwarding letter was also obtained regarding payment of aforesaid cheque, which upon his identification was exhibited as Exhibit- 6/49. As per LIC record name of father of Shahir Alam was Md. Nasimuddin. Similarly, they also found irregularities in policy no. 514506167, where by using "Add Pay" Option Rs. 62,000/- was added and payment was made for Rs. 63,048/-. They prepared reports regarding aforesaid irregularities and submitted it to PW-8, Mr. P.C Paikre, which runs in 66 sheets alongwith annexures, which upon his Patna High Court CR. APP (SJ) No.973 of 2022 dt.18-12-2024 identification was exhibited as Exhibit-9/1. He along with other members also recommended proposal for constituting a committee for further investigation in this matter, which was approved by other prosecution witnesses also, which upon his identification was exhibited as Exhibit-10. Enquiry Committee also handed over certain documents to CBI Inspector Mr. AK Jha II, during the course of investigation. It appears from his deposition, that after preparation computer generated voucher, it was required to be sent for validation through LIC module, where the name of party and Net Payable Amount was to be verified. It generally not verified strictly as "loan module" runs in automatic mode. It was deposed that no fraud like this took place earlier by using "Add Pay" Option and it was of its first kind of fraud. It was stated that only limited amount can be paid by using "Add Pay" Option. It is also submitted that the payment, which was made through "Add Pay" Option, cannot reflect in loan history of policy. In normal course cheque number and net payable amount was likely to be verified.