NAGARAJA RAO Vs. CENTRAL BUREAU OF INVETIGATION

JUDGEMENT

(1.) THIS revision petition under Section 397 r/w Section 401 of Cr.P.C. is preferred against an order of conviction and sentence of the petitioner for the offences punishable under Section 381 of IPC and Section 52 of the Indian Post Office Act, 1898 by order dated 23.09.2008 in C.C.No.2408/1995 on the file of the XVII Additional Chief Metropolitan Magistrate, Bangalore, which has been confirmed in Criminal Appeal No.845/2008 by order dated 08.10.2009 on the file of the XXI Additional City Civil and Sessions Judge and Special Judge for CBI Cases, Bangalore.

(2.) THE revision petitioner was the accused before the Magistrate. He was working as Sorting Assistant in Bangalore Packet Sorting Office, Head Record Office (Main Unit), Bangalore from 01.03.1992 to 11.03.1993. On the intervening night between 05.03.1993 and 06.03.1993 he committed a theft of a registered insured letter bearing receipt No.0127 dated 03.03.1993 sent from Ramavadi Post Office Bombay containing 173.650 grams of V shape gold chain worth Rs.70,410/ - to be delivered to Gulab Jewelery Shop at K.H.B. Road Post Office, Bangalore. Immediately after coming to know of the theft of the parcel, a complaint came to be lodged by one M.N. Narasimha Murthy -PW - 1, who was working as Assistant Superintendent of bags in the office of Chief Post Master General of Karnataka, Bangalore as per Ex.P1 before the High Grounds Police Station. On the strength of the complaint, a case in Crime No.115/1993 came to be registered against the accused for the offences punishable under Section 381, 419 of IPC and Section 52 of the Indian Post Office Act, 1898. While investigation was in progress, the accused being a Central Government employee further investigation has been handed over to CBI. CBI police have registered the case in their Crime No.RC. No.14(S)/93 -BLR. Upon completion of the investigation, charge -sheet came to be filed against the accused for the aforesaid offences.

(3.) THE accused appeared before the Magistrate. The charges were framed and read over to him. The accused pleaded not guilty to all the three charges leveled against him. The prosecution in order to establish the charges examined as many as 21 witnesses as PW -1 to PW -21, marked Exs.P -1 to P -58 apart from MO -1 to MO -4. Learned Magistrate upon hearing the Public Prosecutor and the defence counsel and upon consideration of the entire evidence placed on record both oral and documentary, by his order dated 23.09.2008 convicted the accused for the offences punishable under Sections 381 of IPC and Section 52 of Indian Post Office Act, 1898 while acquitting him for the offence punishable under Section 419 of IPC. Further, he has been sentenced to undergo Simple Imprisonment for 6 months for the offences punishable under Section 381 of IPC and Section 52 of Indian Post Office Act, each apart from imposing fine. Aggrieved by his conviction and sentence, the accused preferred Criminal Appeal No.845/2008 before the XXI Additional City Civil and Sessions Judge and Special Judge for CBI Cases, Bangalore. The learned Special Judge, upon hearing both the learned counsel for the revision petitioner and the Public Prosecutor and upon re -appreciation of the entire evidence placed on record dismissed the appeal while confirming the conviction and sentence of the petitioner/accused under Section 381 of IPC and Section 52 of the Indian Post Office Act, 1898.