PRAVIN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present revision application is against the judgment of Adhoc Additional Sessions Judge, Wardha confirming the judgment of Judicial Magistrate, First Class, Arvi, by which the applicant is convicted for offence punishable under Section 409 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for two years and shall pay fine of Rs. 2000/-, in default shall suffer four month rigorous imprisonment.

(2.) Heard Shri M.B.Naidu, learned counsel for the applicant. He has pointed out cross examination of P.W.2Mangala and submitted that in the absence of applicant, the cupboard was opened. In the cupboard, the applications were found. There is nothing on record to show that the applicant accepted those applications and amount of copying fees from the concerned clerk. Therefore, benefit of doubt be given to the applicant/accused. Learned counsel has pointed out decision Vasant Moghe Vs. State of Maharashtra reported in, (1979) AIR SC 1008, at last, he submitted that the prosecution has failed to prove the receipt of Rs. 450/- from the clerk of the concerned Advocate by the accused. There is much more delay in lodging the report. Therefore, the applicant/accused is entitled for acquittal.

(3.) Shri Thakre, learned APP has supported the judgment of trial Court and pointed out the decision in the case of Som Nath Puri Vs. The State of Rajasthan reported in, (1972) 1 SCC 630, to substantiate his stand.