STATE OF UTTAR PRADESH Vs. SYED MUZAFFAR ABBAS

JUDGEMENT

(1.) Aggrieved by the judgment and order dated 12-5-1995 passed by III Addl. Chief Judicial Magistrate, Aligarh acquitted the respondent of the charge under Section 409, I.P.C, the State has filed this appeal.

(2.) Heard learned A.G.A. and Sri I.M. Khan, learned counsel for the respondent.

(3.) In the year 1983 the respondent was working as Assistant Cashier in the U.P. State Road Transport Corporation and was posted at Aligarh. On the night between 11/12-12-1983 between 9.00 to 1.00 p.m. he was on duty as Assistant Cashier and was incharge of the cash at the Aligarh Depot, of the U.P.S.R.T.C. A sum of Rs. 1,57,317.40 paise was allegedly embezzled by him during this period. It is the case of the prosecution that the respondent was on duty between 9.00 p.m. to 1.00 p.m. and thereafter he went away after locking the cash coffer and cashiers room .On 12-12-1983 when he returned to duty at about 9.00 a.m. he reported to the Station Incharge that the aforesaid sum was missing from the cash coffer. After the matter was reported to the Adhikshak, he lodged the report dated 12-12-1983 on the basis of which a case under Section 409, I.P.C. was registered. After usual investigation the respondent was charge- hseeted to stand trial under Section 409, I.P.C. The trial Court framed the charge under Section 409, I.P.C. which was denied by the respondent.