H.K. SWAMY S/O LATE KALAIAH, FIRST DIVISION ASST. Vs. STATE OF KARNATAKA BY HUNSOR TOWN POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR

JUDGEMENT

(1.) THIS revision is against the order of the Sessions Judge/Fast Track Court, Mysore in Criminal Appeal No. 18/2001 wherein the Fast Track Judge has confirmed the order of the learned Magistrate in convicting and sentencing the accused for the offence under Section 408 of IBC alleging misappropriation of Rs. 6,690/ -. The accused was sentenced to undergo one year simple imprisonment and to pay a fine of Rs. 1,000/ -, in default to undergo simple imprisonment for one month.

(2.) THE accused has said to be working as First Division Assistant in the office of the Child Development Project Office between 3 -6 -1995 to 19 -3 -1996 for nearly nine months. During the said period, that is during September 1995 he has misappropriated Rs. 4,838/ - belonging to P.W. 2; Rs. 500/ - towards arrears of Dearness Allowance of P.W. 4 for which, he was supposed to purchase NSC and Rs. 800/ - towards purchase of revenue stamps and another can of Rs. 552/ - which was due to be paid towards subscription of Samyuktha Karnataka daily newspaper. Thus, in all Rs. 6,590/ - was misappropriated instead of remitting the said amounts. In this regard a case was registered against this petitioner. On the basis of the enquiry, a charge -sheet was filed and the charges were framed against the accused. During the trial, the prosecution examined in all 11 witnesses and got marked 10 documents. Thereafter, the learned Magistrate recorded 313 statement. Since the defence of the accused was total denial, after hearing the arguments, the learned Magistrate found the accused guilty of the offence punishable under Section 408 of IPC and sentenced him. Against which, an appeal was preferred.

(3.) HEARD the learned Counsel for the petitioner and the learned Government Pleader.