STATE (DELHI ADMINISTRATION) Vs. T NARAYANAN

JUDGEMENT

(1.) RESPONDENT T. Narayanan, Cashier in the Accounts Section of Union Public Service Commission was tried for an offence under Section 409 IPC. The allegations against him were that he committed misappropriation and criminal breach of trust of sum of Rs. 43,943.68 which amount was in his custody as a Cashier.

(2.) INITIALLY , a case of theft under Section 380 IPC was registered. During investigations, however, it was found that the iron chest from which the cash was reportedly missing was operated by double lock system, one key remaining with the Cashier and the key of the other lock remaining in the custody of Finance and Accounts Officer (FAO). In addition thereto there was a padlock fixed on the iron chest, key of which used to be with the FAO. For the opening of the cash chest the FAO had to be personally present and open the padlock as well as the inbuilt lock first with his key and thereafter the Cashier will apply his key and then the cash chest would open and that the same procedure was adopted at the time of closing of the cash chest after office hours. It was also found that there was a collapsible door between the cash room and the outer room where the officials of the cash Section used to sit. The investigation revealed that there was no sign of any intruder having entered the cash room from the other side of the cash room or windows or ventilators. In view of the aforesaid the possibility of theft was ruled out. It was considered to be a case of someone from the office to be responsible for the missing of the amount. The case of the prosecution was that the amount had been embezzled by respondent Narayanan during the period 1974 and the date of the incident, namely, 19th March, 1976 and that he had lost the amount in Delhi Race Course Club on betting on horse races. The case was accordingly converted from Section 380 IPC to that of an offence punishable under Section 409 IPC,

(3.) THE learned Additional Sessions Judge came to the conclusion that offence under Section 409 read with Section 34 IPC was not made out against Panikar who, was accordingly discharged. A charge was, however, framed against the respondent that during the period 17th October, 1974 to 18th March, 1976 when he was posted as Cashier in the Accounts Section of the UPSC, he misappropriated and committed criminal breach of trust of the amount of Rs. 43,943.68p which was entrusted to him in his capacity as a public servant and thereby committed an offence punishable under Section 409 IPC.