The Madurai Bench of the Madras High Court recently set aside the acquittal of a Sub-Inspector of Police by the CBI court in Madurai after it was established that he had entered into a criminal conspiracy and registered a false complaint for monetary gain.
The court was hearing the criminal appeal preferred by the State against the acquittal of the SI, K. Nagooran, accused of entering into a criminal conspiracy with three others to cheat an insurance company and avail themselves of false insurance claim.
It was alleged that the accused in the case – Tamil Selvan, T. Gunasekaran, Inspector Illayaperumal and SI Nagooran from Pudukottai – had conspired to cheat a nationalised insurance company in 1999 by faking an accident to claim insurance cover.
An FIR was recorded by Nagooran based on a false complaint given by Gunasekaran, who had stated that he and Tamil Selvan had met with an accident. It was registered 56 days after the alleged accident.
A final report submitted to a judicial magistrate held Tamil Selvan responsible for the accident and he was subsequently asked to pay a fine of ₹1,250 and undergo simple imprisonment. Thereafter, Gunasekaran filed a claim petition before the Motor Accidents Claims Tribunal for the insurance cover. Smelling rat, the insurance company filed a petition before the Madras High Court seeking transfer of investigation to the CBI.
During the course of investigation by the CBI, it was established that Gunasekaran was the sole rider of the scooter and in a statement recorded in the hospital where he was treated, he had confirmed it, thereby throwing light on the conspiracy. Both Tamil Selvan and Gunasekaran, were sentenced by the trial court.
However, Nagooran was acquitted after the trial court was convinced the he had no part in the conspiracy and the FIR was registered based on the complaint. Illayaperumal died during trial.
Justice G. Jayachandran, who heard the case, observed that it was proved that the investigation by the SI was not conducted in a bona fide manner and held him guilty under the Prevention of Corruption Act for illegally obtaining pecuniary advantage for himself or others. The court sentenced him to one year rigorous imprisonment and imposed fine of ₹1,000.
