The Madhya Pradesh High Court has set aside the special court order that convicted Late PK Shrivastava former assistant postmaster (mail), Head Post Office Katni, Madhya Pradesh and acquitted him from all charges mentioned in an FIR registered by the Central Bureau of Investigation (CBI) on May 30, 1996.
Justice Nandita Dubey held the conviction of the appellant under Sections 409, 468/471 of I.P.C. and Sections 7, 13(1)(c) read with Section 13(2) of the Prevention of Corruption Act, 1988 is hereby set aside and he is acquitted from all the charges, the high court order of 14.10.2022 said.
Shrivastava filed appeal in the high court against the special court (CBI) order of 9.5.1998 wherein he was found guilty and sentenced in all to undergo RI for 10 years with fine of Rs. 20,000.
During pendency of the appeal, Shrivastava died on 19.06.2009, thereafter his wife Laxmi Shrivastava a legal heir represented in the case.
The appellant counsel argued the specimen hand writing of appellant was not taken in accordance with the provision of law and therefore, the report of the hand writing expert relied upon by the prosecution could not come to its aid to connect appellant with the crime, the court order said.
The plea of appellant was that he has been falsely implicated, Kisan Vikas Patras were issued in the name of depositors for the said amount and on maturity the amount has been duly received by the depositors, the high court order said.
“The Trial Court has committed a mistake in relying only on the report of the hand writing expert. The law is well settled that the defence is found probable, due weightage should be given to it and the standard of proof should not be compared with that of prosecution, where it is obliged to prove its case beyond all reasonable doubts”, the high court order said.
