SONA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The revisionist ' accused Sona was convicted and sentenced to undergo rigorous imprisonment for a period of four years along with a fine of Rs.20,000.00 under Sec. 409 of the Indian Penal Code, 1860 (in short, 'IPC").

(2.) Against the said judgment dtd. 20/8/2002, passed by learned Chief Judicial Magistrate, Uttarkashi in Criminal Case No.4 of 2000, a Criminal Appeal (Appeal No.15 of 2002) was filed. Learned Sessions Judge, Uttarkashi modified the sentence of imprisonment, imposed by the Trial Court, and sentenced the revisionist to one year rigorous imprisonment instead of four years.

(3.) As per the prosecution's case, ten Weaver Trainees were being trained under the District Scheme in the year 1997-98 in Uttar Pradesh Khadi Gramodyog and Utpadan Centre. Trainees were to be given scholarship. Revisionist-accused was appointed Incharge of Training Program. Revisionist paid them only Rs.9,950.00. The remaining amount i.e. Rs.14,050.00 was not paid by him. Three loom machines were sold illegally by the revisionist. The total price of the said machine was Rs.18,600..00 The First Information Report was lodged by the District Village Industries Officer, Uttarakashi on 25/9/1998.