STATE OF UTTAR PRADESH Vs. AMIN BEG

JUDGEMENT

(1.) This is a Government Appeal against the order of acquittal dated 22-10-1991, passed by Sri Janardan Singh, the then IXth Additional Chief Judicial Magistrate, Bareilly, acquitting the accused respondent Amin Beg on the charges under Section 409 IPC.

(2.) The prosecution case briefly stated is as follows :On 14-10-88 Sri Ashok Kumar Saxena, P.W. 1 who was then working as Deputy Divisional Inspector North Bareilly in the postal Department lodged a written report with police-station Izatnagar, district Bareilly with the allegation that on 21-9-83 Sri Ambika Prasad Joshi and Smt. Geeta Joshi of Base Office, Air Force Station Bareilly opened a Recurring Deposit Account No. 15761 for Rs. 100/- per month. Till August, 88, they had deposited a sum of Rs. 6,000/- into the said account. It was revealed that the deposits made by Sri Ambika Prasad Joshi for the period from June, 1985 to August, 1988 were riot accounted for in the Account of the Post Office, whereas, the entries of all these deposits were made in the Pass Book. In the same way w.e.f. June, 1985 to August, 1988, 39 instalments of Rs. 3,900/- were missing.

(3.) Sri Ambika Prasad Joshi and Smt. Geeta Joshi opened another Recurring Deposit Account bearing No. 15774 on 9-11-83 of Rs. 100/- per month and had deposited Rs. 5,800/- in the said account till August, 1988: The deposits for the period from June, 1985 to August, 1988 of the account holder were missing and were not . accounted for. In this way the accused respondent mis-appropriated a sum of Rs. 3,900/- regarding to account No. 15761 and similar amount relating to Account No. 15774. The entries of all these deposits were made in the respective pass books.