CHHAGANLAL U PATEL Vs. DISTRICT PANCHAYAT

JUDGEMENT

(1.) XXXXXXXXX.

(2.) The petitioner was prosecuted for the offence of criminal breach of trust, punishable under Section 409 of the Indian Penal Code, in Criminal Case No. 1551/83 before the Court of Judicial Magistrate First Class at Valsad. There was also a charge alleged against him under Section 466 of the IPC, on the ground that he had committed forgery in the office copies of the receipts issued for recovery of revenue and education cess and shown lesser receipts of amount to the tune of Rs. 3,151,05 paise in respect of which he committed breach of trust. While framing the charges, the learned Judicial Magistrate First Class, Valsad felt that no offence was committed under Section 466 of the IPC, on the basis of the papers which were produced. He, however, framed charge against the petitioner for the offence under Section 409 of the IPC. The petitioner, by statement Ex. 9, admitted the commission of the offence by him. The learned Magistrate ascertained that it was a voluntary admission of guilt. According to the petitioner, he had not received salary for nearly an year and as his wife fell sick, he had taken the amount intending to replenish it in future. The learned Magistrate was very much moved by such an explanation given by the petitioner while admitting the guilt under Section 409, for which the law provides punishment of imprisonment for life or with imprisonment of either description for a term which may extend to ten years, and fine. The learned Magistrate was so much moved by such a mundane explanation given by the petitioner that he imposed the sentence of only imprisonment till the rising of the Court and a fine of Rs. 45/-. That order was made on 2-2-1984. Having thus, tested extreme lenience of the Court in the prosecution, the petitioner has preferred this petition against the order of dismissal from service, which was based on his conviction by the Criminal Court for the offence under Section 409 of the IPC.

(3.) xxx xxx xxx.