(1.) This is reference, under Section 307, Criminal P. C., by the learned Additional Sessions Judge of Kanpur. Daya Shankar Jaitly, the opposite party, was tried with the aid of a jury for an offence under Section 477A, Penal Code, and, in the alternative, for an offence under Section 408, Penal Code. The jury returned a verdict of not guilty on both the charges. As the learned Sessions Judge did not agree with the verdict of the jury, he made a reference to this Court.
(2.) The prosecution case briefly put was as follows: The accused Daya Shanker Jaitly was employed as a cashier in the office of the Garrison Engineer at Kanpur. As a cashier, it was his duty to write the cash book showing correctly the state of income and expenditure from day to day. He used to beep the cash book with him and also handled the cash. He made false en. tries in the cash book showing inflated amounts of expenditure, whereas in fact smaller amounts were spent or no amount at all. In this way, he committed a criminal breach of trust in respect of Rs. 74,200 between 11th May 1945 and 7th December 1946.
(3.) The falsification of the cash book and the misappropriation of the amount was not noticed for a long time. On 14th January 1947, the Garrison Engineer made a report to the Station Officer, Police Station Cantonment, Kanpur, that on going through the accounts, registers that morning, he had discovered that Mr. D. S. Jaitly, employed as cashier, had been misappropriating Government money and that the exact amount was not known. An examination of the account-books was then made and the Local Audit Officer calculated that embezzlements amounted to Rs. 74,200.
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