HIRA NAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The appellant at the relevant time was employed as a Laboratory Attendant in the fruit Canning Unit at Naubhar, Shimla in the year 1974. One of his duties was to collect the daily sale proceeds of fruit products from the salesmen and deposit the same in the local treasury. He was prosecuted for offences punishable under Sections 409 and 477 A, Indian Penal Code alleging that during the period from 30/05/1974 to 16/08/1974, he received a total sum of Rs. 11,598.15 from the salesmen but failed to deposit the same in the treasury arid created bogus and false treasury challan numbers recorded in the certificates in the cash books and made it appear as if the same had been deposited. The trial court acquitted him holding that the Treasury Officer, PW-12 has not produced the original register of deposits and that he admittedly said that he did not look into the subsidiary register to verify whether or not the allegedly defalcated amount has been deposited before issuing the certificate regarding these deposits.

(2.) The State preferred an appeal challenging the order of acquittal and the High court having considered the entire evidence on record as also the plea taken by the accused, came to the conclusion that the magistrate erred in drawing such an adverse inference and that the evidence of PW-12 coupled with the evidence of PW-6 would establish that the accused committed the offence of criminal breach of trust and falsification of the documents. The High court, however, in awarding the sentence observed that the offences committed by the accused are antisocial in nature and required to be dealt with deterrent punishment and in that view sentenced him to undergo two years rigorous imprisonment and to pay a fine of Rs. 10,000. 00. in default of which to. suffer further six months simple imprisonment. Hence the present appeal.

(3.) Mr. M. N. Krishnamani, learned senior counsel appearing for the appellant submits that the view taken by the trial court is a reasonable one and even assuming that the two views are possible, the High court ought not to have disturbed the acquittal. It is also his submission that the prosecution had not been able to conclusively establish that the deposits were not made as claimed by the appellant. In support of his submission he relied on the evidence of PW-12. particularly that part of the cross-examination wherein it is admitted that the bundle of challans has not been verified. Therefore, according to the learned counsel, it is quite possible that the accused deposited the amounts and at any rate a reasonable doubt is there and the benefit of that doubt should go to the accused.