J.S. BIST Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This appeal, preferred under Sec. 374(2) of Code of Criminal Procedure (for brevity hereinafter referred as Cr. P.C.), is directed against the judgment and order dated 22.1.1982, passed in Criminal Trial No. 2 of 1980 by learned Sessions Judge, Anti - Corruption, Dehradun, whereby Appellant J.S. Bist has been convicted under Sec. 409 of the Indian Penal Code, 1860, (for brevity hereinafter referred as I.P.C.) and under Sec. 5(2) read with Sec. 5 (1) (c) of Prevention of Corruption Act, 1947 (for brevity hereinafter referred as P.C. Act). The trial court has sentenced the Appellant under Sec. 409, I.P.C. to undergo imprisonment for a period of 18 months, and under Sec. 5 (2) read with Sec. 5 (1) (c) of P.C. Act to undergo imprisonment for a period of 18 months and also to pay fine of Rs. 5,000, in default of payment of which, the Appellant is directed to undergo imprisonment for a further period of six months. Both the sentences are directed to run concurrently.

(2.) Heard learned Counsel for the parties and perused the entire record.

(3.) Prosecution story, in brief, is that in the year 1977 and 1978 Appellant J. S. Bist worked as a cashier in the office of Director of Forest Education (for brevity hereinafter referred as D.F.E.), in Forest Research Institute, Dehradun. His job was to maintain the cash book and he was entrusted with the money belonging to aforesaid office. During his posting as cashier the Appellant misappropriated the following sums entrusted to him: