C. Lokesha v. State by
Case brief
What is this about?
Karnataka High Court, V Srishananda J, 11-02-2025 — CRL.A Nos. 692, 640 and 716 of 2012 (against conviction dated 11.06.2012 in Spl.C.C.No.231/2010, Special Judge CBI Cases, Bangalore). CBI case against New India Assurance (NIAC), Hassan branch staff for issuing and cancelling motor insurance policies without crediting premiums (Rs.11,573/- etc.). Accused No.1 acquitted: policies issued via her login-id 'SHE' while she was on leave; asking her to identify the actual user is impermissible negative proof — burden lies on prosecution. Accused Nos.2 and 3: convictions under Sections 409, 420, 477A IPC upheld (exclusive domain over policy issuance/cancellation; forged cancellation signatures per handwriting expert; premiums not credited); acquitted under Section 13(1)(c) r/w 13(2) Prevention of Corruption Act, 1988 for want of criminal-misconduct ingredients. Sentences of imprisonment commuted to Rs.75,000/- fine (default 1 year SI) plus day-till-rising custody, considering age and affidavits foregoing benefits. Keywords: insurance premium misappropriation, login-id misuse, forged cancellation endorsement, negative proof, criminal misconduct by public servant, appellate re-appreciation, sentence modification.