Holding

The prosecution discharged its burden of proof, and the convictions under Sections 409, 467, 471 and 477‑A IPC are upheld.

Summary

The State of Andhra Pradesh prosecuted Y. Basavadevudu and S. Subha Rao for embezzling Rs.1,22,500 by falsifying entries related to fake RBI demand drafts in a Sub‑Treasury. The trial court found the accused and an approver guilty under IPC sections 409, 467, 471 and 477‑A, but the High Court acquitted them, holding that the prosecution had not proved the case beyond reasonable doubt. On appeal, the Supreme Court examined the oral and documentary evidence, noting that no genuine RBI drafts existed and the entries in the registers were forged. It held that the burden of proving the authenticity of the payees and signatures, a fact within the accused’s special knowledge, rested on the accused under Section 106 of the Evidence Act. Consequently, the Court concluded that the prosecution had discharged its burden and affirmed the convictions, setting aside the High Court’s acquittal.

Issues considered

The prosecution must prove the offences under IPC sections 409, 467, 471 and 477‑A beyond reasonable doubt.
Whether the burden of proving the authenticity of the payee signatures and the existence of genuine demand drafts lies on the accused under Section 106 of the Evidence Act.
Whether the High Court erred in granting benefit of doubt and acquitting the accused.
Whether the entries in the Sub‑Treasury registers constitute falsification and embezzlement of public funds.

Legislation cited

Code of Criminal Procedure, 1973s. 313
Indian Evidence Act, 1872s. 106
Indian Penal Code, 1860s. 409, s. 467, s. 471, s. 477-A

Subjects

embezzlementfalsification of accountsRBI demand draftsburden of proofbenefit of doubtpublic fundsforgerysub‑treasury

Judgment

A STATE OF ANDHRA PRADESH ,4._ ,..._
v.
Y. BASAVADEVUDUAND ANR.

MARCH 26, 1992

B [KULDIP SINGH AND N.M. KASLIWAL, JJ.)
~

Criminal Law :

---
Indian Penal Code, 1860 :
c Sections 409, 467, 471 and 477-A-Embezzlement-Encashment of >
fake RBI Demand Drafts in the name of fictitious persons-Falsification of
accounts-Connivance of Sub-Treasury Officer with other employees-Trial
~
Court holding accused guilty of offences charged-High Court acquitting
accused by giving benefit of doubt-Whether justified-Held: prosecution had
D discharged its burden of establishing charges levelled against accused beyond
reasonable doubt by unimpeaching oral and documentary evidence-Duty of
accused to produce defence evidence to establish their innocence especially
when facts relating to payment of huge amount without receiving any advice
from R.B.I. and names and identity of persons who had identified the payees
were within their knowledge-Evidence Act, 1872 : Section 106.
E
Respondents Nos. 1and2 and PW. 18 were working as Sub-Treasury ...._
Officer, Shroff and Upper Division Account-cum-Double Lock Officer
"'
respectively in a non-Banking Treasury. The State Government ordered
the conversion of the said Treasury into a Banking Treasury by handing
F over cash business to a local Bank from a particular date. However, on the
report of respondent No. 1 that the cash chest was not working as the key
was stuck-up in the Reserve Bank of India chest and it was not possible
to hand over the cash business on the date ordered by the Government,
the State Government fixed another date, and the conversion materialised,
;r:.
on the revised date, about a month after the original date.
G
After sometime, the Accountant General and also the regional office
of the Reserve Bank of India detected that seven demand drafts alleged to
have been issued by the Reserve Bank of India were encashed In the
Sub-Treasury on the last two days of its being handed over. It was found ~-
H that no such demand drafts had at all been issued by the Reserve Bank of
344
STATE v. Y. BASAVADEVUDU 345

.-""-.~
India for being encashed at the Sub-Treasury in question, and that al- A
together different drafts were issued relating to other places out'iide the
State, and except the serial numbers, all other particulars, namely, the
date, amount, name of the payee etc. were not at all tallying with the
payment certificate sent by respondent No. 1, the then Sub-Treasury
Officer. It was· found that there was an embezzlement to the tune of
Rs. 1;22,500 out of the cash of the Sub-Treasury and all entries with regard
B
-4.. to the payment of such amount and the signatures of the payees in token
of receipts of money were all fake and forged by the accused persons.

- "" PW.18 was granted pardon and declared an approver by the District
Magistrate.

The two respondents were charged for offences under Sections 409,
c

467, 471 and 477-A l.P.C. The prosecution examined 27 witnesses and
~ produced 113 documents in support of its case. The respondents denied
the charges but did not lead any eYidence in defence.
D
The trial court held that the prosecution had proved beyond all
reasonable doubt that the two respondents and PW.18, the approver,
together made falsification of the accounts by writing false entries in the
relevant registers as if some payments were made on the two dates in

. >-
question to the fictitious persons whose names were mentioned in the E
payment register and other registers, and that both the accused persons
and PW.18 connived in making false entries with dishonest intention of
covering up of misappropriation of the public funds committed by them
to the tune of Rs. 1,22,500. Accordingly it found that the respondent were
guilty of the offences under Sections 409, 467, 471 and 477-A I.P.C. It
acquitted the approver of all the charges lev.elled against him. F

On appeal, the High Court acquitted the respondents on the ground
that the prosecution had failed to prove the case beyond reasonable doubt,
-~~ and that though a huge amount had been embezzled, nevertheless it would
not be proper to convict the accused when doubt was cast and benefit of
G
doubt had to be given to the accused.

Allowing the appeals of the State, this Court,

->-- HELD : 1.1 The High Court totally misdirected itself and did not go
deep into the matter, nor analysed the clinching oral and documentary H
346 SUPREME COURT REPORTS [1992] 2 S.C.R.

A evidence produced by the prosecution and gave benefit of doubt to the
respondents in a superficial manner. It did not deal with the detailed
reasons given by the trial court and ignored the almost admitted facts and
circumstances of the case. The accused persons had not received any
demand drafts from the R.B.I. and all the entries in the relevant registers at
the Sub·Treasury regarding payment of seven demand drafts amount!ng in
B all to Rs.1,22,500 are fake, false and forged &nd the accused persons were the
authors of such entries. The prosecution has discharged its burden of estab·
lishing the charges levelled against the accused persons beyond any manner
of doubt and the findings and conclusion drawn by the trial court and the

c
conviction and sentence awarded by it are upheld. [350H, 357E-H]
-
1.2. It is clearly proved on record that the real and genuine demand
drafts were Exhibits P.82 to P.88 issued from the regional office of the
Reset'Ve Bank of India and the same were not. drawn to be payable at
Sub·Treasury in question or at any other Sub-Treasury situated in the
D State. The amounts, the dates and the payees were entirely different from
those demand drafts which have been entered and shown encashed from
the said Sub-Treasury. Since tbe respondents had taken the stand that the
pa)'ments or encashment of the demand drafts a· j the entries found in
Exhibits P.2, P.3, P.5, P.6, P.8 and P.9 were all correct, and it may be that
fake or spurious or bogus Reserve Bank of India demand drafts might
E have been presented by the payees, it was necessary for them to disclose
the identity of the person who identified the payees at the time of encash·
ment of the fake drafts. Admittedly, no advice for payment of the demand
drafts had been received before the encashment of the demand drafts and

F
even the alleged demand drafts after payment are not available on the
record and the respondents took a false stand that they sent the paid
drafts to the office of the Accountant General. Indisputably the amount of
-
Rs. 1,22s500 was withdrawn by the respondents and the same has been
shown to have been paid against fake and spurious demand drafts to
unknown persons. [356C-F]

G 1.3. The High Court went wrong in throwing the burden on the
prosection to prove that the entries in eolumn 5 of Exhibits P.8 and P.9
containing the signatures or thumb impression of the payees was made by
the respondents. In the facts and circumstances of this case, it was totally
...(-
wrong to place such burden on the prosecution. The prosecution bas
H discharged its burden by leading unimpeaching oral and documentary
STATE v. Y. BASAVADEVUDU (KASLIWAL, J.] 347

evidence that no demand drafts were issued from the R.B.I., against which A
payments have been shown on the two dates in question in the record of
Sub-Treasury and the names of the payees were also of unknown and
unidentified persons. The entries in columns 1 to 4 of Exhibits P.8 and P.9
are admitted to be correct by the accused persons. These entries showing
the names of the payees and the amount are proved to be false and
B
incorrect beyond any shadow of doubt. In this background, it was no longer
the duty of the prosecution to show as to who made the entries in column
5 of Exhibits P.8 and P.9. A.1 had put his signat•Jres on Exhibits P.8 and
P.9 and according to him the payments were made after getting the identity
of the payees verified by a ~rson well known to him. [356G-H, 357A-B]
c
1.:4. When the payment of a huge amount of Rs. 1,22,500 was being
made without receiving any advice from Reserve Bank of India, it was all
the more necessary to make thorough enquiry regarding the correct iden-
tity and genuineness of the payee. These facts being in the specia!
knowledge of the respondents, it was incumbent on them to disclose the
names and identity of the person who had identified the payees and to D
establish their innocence by producing such person or the payees in
defence evidence. Section 106 of the Evidence Act clearly provides that
when any fact is especially within the knowledge of any person, the burden
of proving that fact is upon him. [357C-D]
E
CRIMINAL APPELLATE JURISDICTION Criminal Appeal
Nos. 384-385 of 1982.

From the Judgment and order dated 11.7.80 of the Hyderabad High
Court in Crl. Appeal No. 459178 & Transfer Crl. Appeal No. 700 of 1978.
F
A.S. Nambiar and Guntur Prabhakar for the Appellants.

Mrs. K. Amareswari, C.S. Srinivasa Rao and B. Kanta Rao for the
Respondents.

The Judgment of the Court was delivered by G
KASLIWAL, J. These appeals by grant of Special Leave arc di:cected
against the judgment of the Andhra Pradesh High Court dated 11.7.1980
in Criminal Appeal Nos. 459' & 700 of 1978.
I
Y. Basavadevudu (in short 'A.l') and S. Subha Rao (in short 'A.2') H
348 SUPREME COURT REPORTS [1992] 2 S.C.R.

A accused-respondents were tried for offences under Sections 409, 467, 471
and 477-A of the I.P.C. The learned Assistant Sessions Judge, Kammam
found both the accused persons guilty for the above offences and awarded
various terms of imprisonment and fine for the aforesaid offences. The
accused persons aggrieved against their conviction and sentence filed
appeals before the High Court. The High Court by its judgment dated
B 11.7.1980 gave benefit of doubt and acquitted the accused persons of all
the charges levelled against them. Fine, if paid, was directed to be returned
to the accused persons. The State of Andhra Pradesh aggrieved against the
order of acquittal has come before this Court by grant of special leave.

c The prosecution story is that A.1 was Sub-Treasury Officer
(hereinafter referred to as the 'S.T.O.') and A.2 was working as shroff in
the non-banking Sub-Treasury at Venkatapuram. The said non-banking
Sub-Treasury was converted into a banking Sub-Treasury from 18.6.1973
by an order of the Finance Department dated 14.6.1973. A.1 who was
D working as S.T.O. reported to the then District Treasury Officer (PW.14)
that the key was stuck up in the Reserve Bank of India chest and as such
it was not possible to convert the Sub-Treasury into a banking Sub-
Treasury on the above date. The Government, therefore, issued another
order and the Sub-Treasury Venkatapuram was converted into a banking
Sub-Treasury in the afternoon of 17.7.1973. After sometime the Accountant
E General of Andhra Pradesh at Hyderabad as well as the Reserve Bank of
India office at Madras detected that seven demand drafts alleged to have
been issued by the Reserve Bank of India were cncashed on 16.7.1973 and
17.7.1973 in the Sub-Treasury of Venkatapuram. It was found that no such
demand drafts had at all been issued by the Reserve Bank of India office
F Madras for being encashed at the Sub-Treasury at Venkatapuram. In fact,
altogether different drafts were issued relating to other places outside the
State of Andhra Pradesh and except the serial numbers, all other par-
ticulars, namely, the date, amount, name of the payee etc. were not at all
tallying with the payment certificate sent by the then Sub-Treasury Officer
(A.1). It was found that there was an embezzlement to the tune of Rs.
G 1,22,500 out of the cash of the Sub-Treasury and all entries with regard to
the payment of such amount and the signatures of the payees in token of
receipts of money were all fake and forged by the accused persons. It may
be stated that PW.18 Sh. N. Vcnkata Swamy who was working as Upper
Division Accountant-cum-Double Lock Officer, in the Sub-Treasury
H Venkatapuram at the relevant time was granted pardon and dcclarcd an
STATE v. Y. BASAVADEVUDU [KASLIWAL, J.) 349

approver by the District Magistrate. A

The prosecution examined 27 witnesses and produced 113 docu-
ments in support of its case. The accused persons denied the charges but
did not lead any evidence in defence. During the course of their explana-
tion recorded under Section 313 Cr. P.C., A.1 stated that there was no
embezzlement of any public funds and the payments made of the drafts on
B
'A 16.7.1973 and 17.7.1973 were genuine payments and there was no falsifica-
tion of accounts nor defalcaton of any amounts. A.1 also stated that he sent
the said demand drafts to the Accountant General of Andhra Pradesh
directly and he later on also sent payment certificates. As he did not know
the payees of such demand drafts, they were got identified by a person c
known to him. A.2 also took a similar stand. Thus, the main defence of the
accused persons was that the payments or encashments of the demand
~ drafts on the respective dates as found in Exhibits P.2 and P.3 were
• genuine. The relevant entries in the Reserve Bank of India remittance
register (Exhibit P.1), relevant entries in Exhibits P.5 and P.6 in the D
·Sub-Treasury office number book (Exhibit P .4) and also the entries in
Exhibits P.8 and P.9 in the shroff chitta book (Exhibit P.7) were all correct
and it may be that fake or spurious demand drafts of R.B.I. might have
been presented by the .payees, but the accused persons did not embezzle
any public funds on any dates, much less on 16th and 17th July, 1973.
E
The Learned Assistant Sessions Judge after elaborate discussion of
the oral and doumentary evidence arrived at the conclusion that the
prosecution had proved beyond all reasonable doubt that A.1 and A.2 and
PW. 18 together made falsification of the accounts by writing false entries
in the relevant registers as if some payments were made on 16th and 17th F
July, 1973 to the fictitious persons whose names were mentioned in the
payment register and other registers. IL was also found that both the
accused persons and PW.18 connived in making false entries with dishonest
intention of covering up of misappropriation of the public funds committed
by them to the tune of Rs. 1,22,500. Hence the Learned Assistant Sessions
Judge found both the accused persons guilty for the offences under Sec- G
tions 409, 467, 471 and 477-A I.P.C. The Learned Assistant Sessions Judge
also held that after having gone through the evidence of PW.18 it was quite
clear that he had not violated any of the conditions of pardon given to him
and as such he acquitted the approver of all the charges levelled against
him. H
350 SUPREME COURT REPORTS [1992] 2 S.C.R. .

A The High Court as regards PW.l, who was deputed by the Reserve
Bank of India Madras to enquire into the matter, observed that PW. 1 had
stated that he identified the signatures of Al in Exhibits P.2 and P.3. But,
having regard to the provisions of Section 47 of the Indian Evidence Act,
unless and until foundation was laid with regard to the capacity of this
witness to identify the signatures of the Sub-Treasury Officer, his statement
B was of no consequence. It was further observed by the High Court that
\ '
even the accused in their statements stated that they received these drafts
and after complying with the formalities they were encashed and amounts
paid to the respective payees and those drafts were sent as would be
evident from the despatch register. Even Reserve Bank of India Form
No.11 was sent to the office of the Accountant General and as such they
c had not committed any offence. The High Court held that from the
evidence of PW.l alone, it could not be said that the prosecution had
proved all these entries in the various books to be in the handwriting of
either Al, A.2 or the approver. As regards the evidence of the handwriting
expert PW.24 the High Court observed that in the cross-examination
D PW.24 stated "As the blue enclosures in Exhibits P.8 and P.9 are different
from the received writing, I did not compare them at all". From the above
statement the High Court observed that so far as column 5 of Exhibits P.8
and P.9 was concerned, it can safely be said that the prosecution had not
proved the handwriting therein. It was the duty of the prosecution to have
asked PW.24 to verify the signatures in Exhibits P.8 and P.9 column 5 to
E find out as to whether the handwriting in that column in those Exhibits was
actually handwriting of the accused. According to the High Court column
5 meant for the signatures of the payees had not been proved by the
prosecution to be in the handwriting of either Al or A.2 to show that such
signatures were of bogus persons. It was further observed by the High
F Court that even the Investigation Officer (PW .26) stated that "the inves-
tigation did not reveal that any amount is misappropriated by A.2 or PW.18
at all". The High Court ultimately arrived at che conclusion that the.
-
prosecution failed to prove the case beyond reasonable doubt. Though a
huge amount has been embezzled, nevertheless it would not be proper to
convict the accused when doubt is cast and benefit of such doubt will have
G to be given to the accused.

We have heard learned counsel for the parties and have thoroughly
perused the record. J.n our view the High Court t.otally ·misdirected itself
and did not go deep into the matter, nor analysed the clinching oral and
H documentary evidence produced by the prosecution and gave the benefit
STATE v. Y. BASAVADEVUDU [KASLIWAL, J.] 351

of doubt to the accused persons in a superficial manner. The High Court A
did not deal with the detailed reasons given by the trial Judge and ignored
the almost admitted facts and circumstances of the case.

Admitted facts -0f the case are that A.1 was working as S.T.O., A.2
as shroff and PW. 18 the approver as Upper Division Accountant-cum-
Double Lock Office.r in the Sub-Treasury Venkatapuram at the relevant B
time. The Government vide order dated 14.6.1973 ordered for the conver-
sion of the non-banking Sub-Treasury into a Banking Sub-Treasury by
handing over cash business to the local State Bank of Hyderabad on
18.6.1973. This was delayed on the report of the accused A.1 to the effect
that the cash chest was not working as the key was stuck-up in the chest C
and it was not possible to do so on the above date. The Government,
therefore, issued another order and the conversion process materialised on
17.7.1973. The accused A.1 and A.2 handed over the cash balance of R.B.I.
chest as per the records on 17.7.1973. After sometime the Accountant
General of Andhra Pradesh at Hyderabad as well as the Reserve Bank of
India Office at Madras detected that 7 fake demand drafts alleged to have D
been issued by the Resenie Bank of India were shown to have been
encashed and paid on 16.7.1973 and 17.7.1973 in the records of the Sub-
Treasury of Venkatapuram.

The details of the seven drafts in all amounting to Rs. 1,22,500 E
alleged to have been encashed and paid on 16th and 17th July, 1973 from
the Sub-Treasury of Venkatapuram are mentioned as under : -
Ex. P.2 July-1973
RB.I.
16.7.73 Madras 2.7.73 B.D. Sri Edara Ramaiah C-659307 20,328.00 Ild./16.7.73
16.7.73 -do- 3.7.73 B.D. Sri Kothapalli Verraju C-659308 21,785.00 Ild./16.7.73
16.7.73 -do- 3.7.73 B.D. Sri Dasari Venkata Rao C-659309 18,891.50 Ild./16.7.73 F
16.7.73 -do- 3.7.73 B.D. Sri Botigam Surya- C-659310 18,236.00 Ild./16.7.73
narayana Rao
79,240.50
Rupees Seventy nine thousand two hundred and forty and paise fifty.
Ex. P.3
17.7.73 RBJ. 7.7.73 B.D. Sri Vasam Veeranna C-659311 14,430.50 Iid./17.7.73 G
Madras
17.7.73 -do- 7.7.73 B.D. Sri Gattala Satyam C-659312 13,260.00 Ild./17.7.73
17.7.73 -do- 7.7.73 B.D. Sri Vanga Sani Raju C-659313 15,569.00 Ild./17.7.73
Total =
-43,259.50
---
Monthly Total = 1,22,500.00
H
352 SUPREME COURT REPORTS (1992) 2 S.C.R.
-
A The payment of the above drafts is admitted to have been made by
the accused persons and signatures or thumb impressions of the payees has
been shown in the record of the Sub-Treasury. It has however been proved
on record by the prosecution that no such drafts were at all issued from
the Reserved Bank of India, Madras. Neither, the dates, nor amount, nor
the name of the payees tally with the genuine drafts issued from the
B Reserve Bank of India, Madras. The drafts issued by the R.B.I., Madras
were not even payable by Sub-Treasury Venkatapuram, rather the same
did not belong to any place in the State of Andhra Pradesh. The details of
such drafts are given as under : -

C Ex. P.82/dt.28.6.73 D.D. No. C.659307 for Rs. 3,106 issued by P. Manager,
R.B.I. Madras, to Sub-Treasury Officer, Keernur.

Ex. P.83/dt.29.6.73 D.D. No. C.659308 for Rs. 875.96 ps. issued by P.
Manager R.B.I., Madras to the Sub-Treasury Officer,
Car-Nicobar.

Ex. P.84/dt.3.7.73 D.D. No. C.659309 for Rs. 1,261.65ps. issued by
P.Manager RB.I. to the Sub-Treasury Officer, Denka-
nikottah. ·

Ex. P. 85/dt.6.7.73 D.D. No. C.659310 for Rs. 153.55 ps. issued by P.
E Manager RB.I., Madras to the Sub-Treasury Officer,
Denkanikottah.

Ex. P.86/dt. 6.7.73 D.D. No. C.659311 for Rs. 2,800 issued by P. Manager
R.B.I., Madras to the Sub-Treasury Officer,
Denkanikottah.
F
Ex. P.87/9.7.73 D.D. No. C.659312 for Rs. 52.00 issued by the P.
Manager, R.B.I. Madras to the Sub-Treasury Officer,
Car-Nicobar.

G Ex. P.88/dt.12.7.73 D.D. No. C. 659313 for Rs. 315.12 ps. issued by the P.
Manager, RB.I., Madras to the Sub-Treasury Officer,
Vayithiri.

The Learned Assistant Sessions Judge after analysing the oral and
documentary evidence produced by the prosecution considered the ex-
H planation given by the accused persons recorded under Section 313 of the
STATE v. Y. BASAVADEVUDU (KASLIWAL, J.] 353

Code of Criminal Procedure, 1973. According to the Learned Assistant A
Sessions Judge A.1 had stated that the drafts were presented by the parties
on 16th and 17th July, 1973 and their signatures were identified by some
well known person on the drafts themselves and they had drawn
Rs.1,22,500 from the R.B.I. currency on 16th and 17th July, 1973 and the
entries were made in the relevant books and the same were withdrawn in B
the presence of the approver (PW.18). They sent R.B.I. Form No.11 along
with the paid drafts to the Accountant General, Hyderabad. A.1 further
stated that the initials in Exhibit P.3 were of himself, Exhibit P.14 was in
his handwriting and the intials in Exhibits P.12 and P.13 were also ma.de
by him. A.2 also stated that no amounts were embezzled by him or A.1 or
anybody and they had sent the paid drafts directly to Accountant General
c
of Andhra Pradesh. The payments mentioned in the payment register and
other registers on 16th and 17th July, 1973 were true and correct. He
further stated that the writings in Exhibits P.101, P.100, P.102, P.103, 10, 8,
9, 13 were made by himself. The main contention of the accused persons
made before the trial court was that the payments or encashment of the D
demand drafts on the respective dates as found in Exhibits P.2 and P.3
which are the relevant entries in the Reserve Bank of India remittance
register (Exhibit P.1) and the relevant entries in Exhibit P.5 and Exhibit
P.6 in the Sub-Treasury Office number book (Exhibit P.4) and also the
entries in Exhibit P.8 and Exhibit P.9 in the shroff 'chitta' book (Exhibit E
P. 7) were all correct and it may be that fake or spurious or bogus Reserve
Bank of India demand drafts might have been presented by the payees, but
the accused did not defalcate any public funds on any dates much less, on
16th and 17th July, 1973. The trial court considered the statement of
PW.18, according to which the entries with regard to the payments of the F
Reserve Bank of India drafts said to have been made on 16th and 17th
July, 1973 in all the relevant books of the Sub-Treasury were made only on
17.7.1973 at the instance and suggestion of accused number 1. It was also
stated by him that there were no persons as those mentioned on 16th and
17th July, 1973 in Exhibits P.2 and P.3 as well as Exhibits P.5, P.6, P.8 and G
P.9, they were all fictitious and bogus persons whose names were men-
tioned in order to give a show of payments made to certain persons so as
to cover up the shortage of cash found in R.B.I. chest on 17.7.1973. The
trial court has observed that it was admitted fact that whenever a demand
draft is issued by the Reserve Bank of India to particular persons drawn
H
354 SUPREME COURT REPORTS [1992] 2 S.C.R.

A on a particular Sub-Treasury, the concerned Reserve Bank will send ad-
vices in advance and when the demand draft is presented by the bearer, it
has to be verified whether the advices from the concerned bank is received
or not and the payee has to be identified by the Sub-Treasury Officer and
it is the responsibility of the S.T.O. for payment of the money to the. payee
B and if the payee is not personally known to the S.T.O., such payee has to
bring an attestor, who is known to the S.T.O. It is also in the evidence of
PW.1, PW.14 and PW.18 that whenever advices are received, they should
be carefully examined and observed. When there is no advice, the draft
cannot be encashed except under special circumstances or on the satisfac-
tion of the genuineness of the drafts presented for encashment. The S.T.O.
C has to identify the payee also. If t.he S.T.O. pays without the advices, he
should write immediately to the issuing authority for sending the advices.
In the case of payee, being illiterate, the S.T.O. should satisfy himself by
asking the payee to bring a person known to the S.T.O. for his or her
identification before actual payment is made and after the payments are
D made at the end of the same day, the S.T.O. should enter the paid drafts
in the Reserve Bank of India Form No.11 and despatch such certificate
under certificate of posting to the Accountant General directly, sending
copy of the same to the District Treasurer. In the present case according
to Exhibit P.12 it is mentioned that the paid drafts along with Reserve Bank
E of India Form No. 11 were posted to the address of the Accountant
General, but the same were not sent under certificate of posting. The trial
court also took notice of the fact that the alleged posting was shown to
have been done on the next day. It was also clear from Exhibit P.14 <'.letter
written by S.T.O. (A.1) that he mentioned therein that he would trace out
F the records and submit encashment schedules. It was also clear from the
evidence of PW.l that the denominations of the currency notes found in
Exhibit P.17, the relevant entry in Exhibit P.15 currency chest book Form
T.E.T.l of the Sub-Treasury Office Venkatapuram were not tallying with
the denomination of the currency notes mentioned in the double lock
register. The trial court held that it was quite clear that the serial numbers
G of the drafts mentioned in the relevant records of Sub-Treasury
Venkatapuram were not in fact the demand drafts that were issued by the
Reserve Bank of India at Madras and the real demand drafts were Exhibits
P.82 to P.88 which were issued to Sub-Treasury Officers outside the State
of Andhra Pradesh. Thus, it was clear from the evidence of PW.2, PW.18,
H
STATE v. Y. BASAVADEVUDU (KASLIWAL, J.] 355

PW.20, PW.21 and PW.22 that the real demand drafts that were issued by A
the R.B.I. at Madras were neither received nor encashed at Sub-Treasury
Venkatapuram. Even the accused persons do not say that Exhibits P.82 to
P.88 were received and got encashed by the payees at the Sub-Treasury
Venkatapuram. It was further clear that the entries found mentioned in
Exhibits P.2, P.3, P.5, P.6, P.8, P.9, P.16 and P.17 were quite incorrect
B
enlries and they were made by the concerned persons who were the
authors of those entries so as to give a colour or show of payments of the
amounts to certain persons to cover up the shortage. The trial court thus,
held that in the above circumstances, when the payments mentioned on
16th and 17th July, 1973 under the alleged Reserve Bank of India demand
·drafts were proved to be false and bogus and the payees were ficititious c
persons, it was the bounden duty of accused numbers l and 2 and the
approver to explain for the shortage of Rs. 1,22,500 from the cash balance
of the Reserve Bank of India chest in the Venkatapuram Sub-Treasury.
The triai court took into consideration that though the accused number l
had stated in his explanation that a well known person identified the D
payees, but he has failed to give his name, much less, examined him to
prove or substantiate his contention. The payment register did not show
that the payees were identified by a particular person at the time of
relevant payments said to have been made to them. It has come in the
evidence of PW.18 that there were no such persons whose names were
mentioned in the payment register and all those persons were fictitious. It E
was further held by the trial court that it was quite clear from the docu-
ments piaced on record that the S.T.O. had nowhere seated that the advices
were lost or misplaced. Accused number 1 in this regard had given the
explanation that the records in the strong room had been shifted and
replaced for white washing purposes and the register could not be traced
F
out inspite of diligent searches and after the March accounts are over,
necessary efforts will be made to trace out the records. The trial court
found th,at inspite of several letters and reminders sent to A.l the record
was not made available. The learned trial court in the end arrived at the
conclusion that in view of the evidence adduced by the prosecution includ-
ing the evidence of PW.18 approver and also in view of the fact that the G
accused numbers 1 and 2 have admitted that they have made the relevant
entries in their own handwriting in the relevant registers, it is proved that
accused number l, accused number 2 and PW.18 (approver) colluded
together and have defalcated an amount of Rs. 1,22,500 from the cash
H
356 SUPREME COURT REPORTS (1992) 2 S.C.R.

A balance of Reserve Bank of India chest in the Sub-Treasury Venkatapuram
and made false entries in the relevant registers and brought into existence
false accounts so as to cover up the shortage in the cash balance in the
Reserve Bank of India chest of the Sub-Treasury Venkatapuram and thus
they have committed grave offences punishable under Sections 409, 467,
471 and 477-A I.P.C.
B
We have considered the arguments made by learned counsel for the
parties and have gone through the record. It is clearly proved on record
that the real and genuine demand drafts were Exhibits P.82 to P.88 issued
from the Rese1 ve Bank of India Madras and the same were not drawn to
C be payable at Sub-Treasury Venkatapuram or at any other Sub-Treasury
situated in the State of Andhra Pradesh. The amounts, the date and the
payees were entirely different from those demand drafts which have been
entered and shown encashed from the Sub-Treasury at Venkatapuram. The
stand taken by the accused persons is that the payments or encashment of
D the demand drafts and the entries found in Exhibits P.2, P.3, P.5, P.6, P.8
and P.9 were all correct and it may be that fake or spurious or bogus
Reserve Bank of India demand drafts might have been presented by the
payees. In such circumstances it was necessary for the accused persons to
disclose the identity of the person who identified the payees at the time of
encashment of the fake drafts. It is worthwhile to note that admittedly no
E advice for payment of the demand drafts had been received before the
encashment of the demand drafts and even the alleged demand drafts after
payment are not available on the record and the accused persons took a
false stand that they sent the paid drafts to the office of the Accountant
General. It is no longer in dispute that the amount of Rs. 1,22,500 was
F withdrawn by the accused persons and the same has been shown to have
been paid against fake and spurious demand drafts to unknown persons.

We have considered the reasoning given by the High Court and we
are clearly of the view that the High Court went wrong in throwing the
burden on the prosecution to prove that the entries in column 5 of Exhibits
G P.8 and P.9 containing the signatures or thumb impression of the payees
was made by the accused persons. In our view in the facts and circumstan-
ces of this case, it was totally wrong to place such burden on the prosecu-
tion. The prosecution has discharged its burden by leading unimpeaching
oral and documentary evidence that no demand drafts were issued from
H the R.B.I., Madras against which payments have been shown on 16th and
STATE v. Y. BASAVADEVUDU [KASLIWAL, J.) 357

17th July, 1973 in the record of Sub-Treasury Venkatapuram and the names A
~
of the payees were also of unknown and unidentified persons. The entries
in columns 1 to 4 of Exhibits P.8 and P.9 are admitted to be correct by the
accused persons. These entries showing the names of the payees and the
amount are proved to be false and incorrect beyond any shadow of doubt.
In this background, it was no longer the duty of the prosecution to show
as to who made the entries in column 5 of Exhibits P.8 and P.9. The S.T.O.
B
~ (A.1) has put his signatures on Exhibits P.8 and P.9 and according to him
the payments were made after getting the identity of the payees verified by
a person well known to him. When the payment of a huge amount of Rs.
1,22,500 was being made without receiving any advice from Reserve Bank
-4
of India, Madras, it was all the more necessary to make thorough enquiry c
regarding the correct identity and genuineness of the payee. The above
facts being in the special knowledge of the accused persons, it was incum-
~ bent for them to disclose the names and identity of the person who had
identified the payees and to establish their innocence by producing such
person or the payees in defence evidence. Section 106 of the Evidence Act
D
clearly provides that when any fact is especially within the knowledge of
any person, the burden of proving that fact is upon him.

This leads us to irresistible conclusion that the accused persons had
not received any demand drafts from the R.B.I. Madras and all the entries
in the relevant registers at Sub-Treasury Venkatapuram regarding payment E
of seven demand drafts amounting in all to Rs.1,22,500 are fake, false and
~
forged and the accused persons were the authors of such entries. We are
fully satisfied that the prosecution has discharged its burden of establishing

- the charges levelled against the accused persons beyond any manner of
doubt and the findings and conclusion drawn by the trial court are upheld. F

In the result, we allow these appeals, set aside the judgment of the
High Court and affirm the judgment of the Assistant Sessions Judge,
Khammam dated 13th March, 1978. We uphold the conviction as well as
the sentence awarded by the learned Assistant Sessions Judge. The ac- G
cused-respondents shall surrender to the bail bonds forthwith.

N.P.V. Appeals allowed.