MAHADEO PRASAD Vs. THE STATE

JUDGEMENT

(1.) THIS appeal, preferred under Section 374(2) of Code of Criminal Procedure 1973 (hereinafter to be referred as Cr.P.C.), is directed against the judgment and order dated 23.12.1992 passed by Additional District Judge/Special Judge, Anti -corruption, Dehradun, in C.B.I. Case No. 3/85 CBI v. Mahadev Prasad, whereby the learned Additional District Judge/Special Judge, Anti -Corruption has convicted the appellant under Section 409 of The Indian Penal Code, 1860 (hereinafter to be referred as IPC) and sentenced him to six months' R.I. The accused/appellant was further convicted under Section 5(2) of the Prevention of Corruption Act, 1947 (Act II of 1947) (hereinafter to be referred as Act) and was sentenced to six months' R.I. and to pay fine of Rs. 5,000/ - and in default of payment of fine, to undergo two month's additional R.I. All the sentences were also directed to run concurrently.

(2.) I have heard Sri Lokendra Dobhal, learned Counsel for the appellant as well as Sri U.K. Uniyal, Sr. Advocate on behalf of the respondent/CBI. Perused the entire material available on record. In brief, the prosecution case is that appellant - Mahadeo Prasad while posted and functioning as Postal Assistant, Sub Post Office, Gabhana, District Aligarh, during the year 1983 was entrusted with various amounts in his capacity as a public servant by respective depositors for being deposited in their saving Bank/Recurring deposits accounts as per details given below:

(3.) LEARNED Special Judge, Anti -Corruption, U.P. (East), Dehradun framed the charge Under Section 409 IPC and Under Section 5(2) r/w 5(1)(c) of the Act against the accused/appellant. The charge was read over and explained to the accused/appellant to which he pleaded not guilty and claimed to be tried.