STATE OF MYSORE Vs. SHANKREPPA SHIVAPPA

JUDGEMENT

(1.) The accused who is the respondent in this appeal has been prosecuted for the offence punishable under S.409 IPC., before the Judicial Magistrate, First Class, Bagewadi in Criminal Case No.175 of 1968 on the file of his Court.

(2.) On the material in record the trying Magistrate found that the offence charged has not been brought home to the accused and he acquitted him by his order dt.27th September 1969. The State has preferred this appeal against the order of acquittal made by the Magistrate.

(3.) Briefly stated, the prosecution case was that the accused who is the respondent in this appeal before us, was the Revenue Thalathi of Bommanahalli Saja in Bagewadi Taluka and was a public servant at the relevant time. In his capacity as public servant, he collected a sum of Rs.85 from Kallappa who has been examined as PW.3 in the case on 24th July 1961 towards the Takavi loan due to Government from the said Kallappa. But the accused credited the same to the treasury on 25th May 1962, i.e. ten months after he had collected the amount from PW.3. The prosecution alleged that the accused was legally bound to credit the amount to the Treasury immediately after its collection, but he failed to do so, and therefore, he has committed an offence of criminal breach of trust punishable under S.409 IPC.