Legal Question in Criminal Law in India

I am a 54 year old man. I was working for a garments store. Some time back along with my two colleagues, we embezzled some money from the store and continued doing so for some time. However, our act was caught and one of my colleagues was severely beaten up by the bosses (4 of them) and made to confess and he confessed the involvement of the other two. We also confessed of our act. However, since we did not remember the exact amount we declared approximate amount one of us stated 60,000-65000, one said around 75-80 and the third said around between 100-110. But our bosses forced us confess to much higher amount by threatening Police action an asked us to repay the amount. Since we are of middle class families with children studying in schools and fearing of our reputation we agreed to pay them 200,000 each which initially the accepted but the next day they changed their stand and asked for 400,000 each again threatening us of police action and severe punishment. Though we have handed over post dated cheques to them they still maintain that the matter has not ended and that they are going to further investigate and find out figures and if found higher they would again punish us and take police action. The truth is we have not taken more than 100 or 110 thousand each. What should we do to avoid further extortion and Police action as our bosses are quite resourceful and capable of taking unofficial police action, meaning asking their connection to arrest and harass someone and make them confess under duress.

Asked on 12/26/12, 7:05 am

3 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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To avoid unofficial police action, you should report the matter to police in writing. In view of the facts narrated by you, there is no "extortion" involved; rather all of you are being given a very very nice treatment since the employer offered you the option of returning the embezzled money.

Your offence attracts severe punishment including a jail term. Therefore, the employer is not wrong in investigating the matter and finding out the exact amount of loss suffered due to your wrong action. You should better request the employer for your participation in investigation and you should offer honest cooperation to reach the truth.

Answered on 12/26/12, 6:33 pm

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