Confession letter

Is it Govt Bank

The confession letter obtained under duress cannot hold good for conviction, unless other circumstancial evidence are present, the foremost evidence is the transaction of money using the other ID, and the repayment of the money.

The person seek query on this forum for seeking unbiased advise and probably he is not coming to this forum for some pleasant talk.

Please see whether confession was obtained in Police Custody? If not then it is extra-judicial confession and an evidence against him.

Since he has got some information under RTI it appears it is Govt bank.  The information so obtained is of no use to him to defend the criminal case.

The information obtained by his as under :-

1.Total amount of Rs.14.00 lakhs is already recovered by the bank

Ans : Part recovery of defrauded amount does not absolve the responsibility of the person confessing fraud.

2.As per  Audit report from IT department of the bank, there was practice of sharing of passwords among employees of this branch which was hushed up by the local management of the bank

Ans : Has he shared his password.  It was his peril.  Has he used other’s password. It was his peril.

3.Out of Rs.6.50 lakhs paid by above officer,Rs.2.20 lakhs is not credited to any account and Bank is not aware of it

4.Rs.4.30 lakhs was deposited by the Regional Head next day whereas it should have been credited to Bank on the same day of recovery as late reciept and this late reciept wiil be first business transaction for the next day as per bank's procedure and practice

Ans : This is another case of embezzlement and some other person may be liable for criminal proceedings and Departmental proceedings. He can submit complaint to police and even to CVC. This does not help him in his case.  Refund of money by him is another evidence.

        Ans :

5.Confession letter has no witnesses,Bank does not know when and where it was submitted and this letter is not affixed with any Bank seal for having received it and it is not entered in Bank's inward letter register (As informed under RTI Act

        Ans : But still it is a letter authored by the accused.

6.Manual vouchers and transaction numbers noted on such vouchers are in the handwriting of other employees

        Ans : So there were accomplices as well whom he can expose during remand.

7.As per an explanation given by one of the employees, he states that he had carried out certain transactions as per the instructions of his higher authorities and also claims that he is innocent in this case as per confession letter given by above officer against whom police complaint is made

        Ans : Make him defence witness (even if hostile) cross-examine if he is prosecution witness.

If it is Govt Bank the police should have also registered a case under PC Act and only IPC has been invoked.

Thank you sir,it is informed by my friend that major portion of amount  pertains to refund of excess interest charged by the bank refunded to the debit of Expenditure account instead of income account by which it can be considered as "procedural lapses:and not fraud.Following are some examples given by him

1.A Locker holder's account was debited with locker rent twice for the same year which was refunded

2.A gold loan customer's account was charging penal interest after 1 year of loan as it was not renewed by the bank in the system

3.A cash deposit of Rs.485000 was credited twice in a account and one entry was reversed as cash withdrawal  and system had charged him Rs.485.00 as BCCT charges,After 3 months Rs.485.00 was refunded to him

4.Few customers were sanctioned cash credit facility at 9.50% per annum.But in the system it  was charging at 13%

5.A Vehicle loan customers vehicle was insured twice by the bank which came to his knowledge after 9 months.This additional insurance premium was refunded to him

6.A Housing loan borrowers housing loan was covered under SBI life insurance without the consent of borrower and Rs.35000 was debited to his loan account towards insurance premium.Bank's mistake was there.Policy was cancelled and Rs.20000 was refunded by the insurance company and remaining Rs.15000 was refunded to him at the cost of the bank

7.A FD loan against customers FD account yielding interest at 6% was sanctioned for Rs.30.00 lakhs and while rate of interest should have been 1 or 2% over FD rate,system was charging interest at  10.75% in the system

This branch was migrated to CBS system and employees were not trained and procedural mistakes done by them were rectified  at branch level without permission from Higher authorities of course with the permission of Branch Head

If theese facts are explained  to the court in the trial proceedings ,whether such procedural lapses will be considered as procedural lapses or fraud as Bank has not lost anything 

Please offer your expert opinion on these points

GOKULDAS KAMATH

You present blog refers to only procedural lapses leading to harasssment of customers and in one case bank lost a few hundere rupees due to deductions of cancellation of insurance policy.

You ealier blog referred to a fraud in which Rs 14 Lakh hav ebeen reocvoered.

Plese come claen with facts.

That letter can be use as evidence.