AZAMTULLAH ASATULLAH SHEIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This revision application is filed challenging judgment and order of conviction dated 30.08.2003 passed by Additional Sessions Judge, Chandrapur in Criminal Appeal No. 55/1995 confirming judgment and order of conviction dated 18.07.1995 in Regular Criminal Case No. 210/1984 passed by Chief Judicial Magistrate, Chandrapur convicting the accused for the offence punishable under Sections 420, 409 and 477-A of the Indian Penal Code. Brief facts of the case are as under.

(2.) The applicant-accused was working as Range Forest Officer in Technical Division the Forest Department. However, he was serving on deputation in Forest Development Corporation at Ballarshah. He was assigned the work of making payment of the workers under him from time to time and to serve the same purpose the Corporation has given him advance.

(3.) Learned counsel for the applicant submitted that on 27.01.1980, as per oral order of the Divisional Manager (PW3), accused paid the amount of Rs. 72,500/- to N.A.S. Faruki (PW5) Range Forest Officer, Pediguddam Division, Alapalli and obtained the receipt on back side of Exh.-24. It is further submitted that PW5 dishonestly refused to have received said amount from the accused and, therefore, on 01.03.1980 concerned Divisional Manager at Pediguddam Shri P. D. Ambaskar (PW3) lodged complaint (Exh.-26) with Police Station Ballarshah alleging therein that the applicant/accused has misappropriated amount of Rs. 72,500/-. According to learned counsel, there was delay of more than a month in lodging First Information Report and there is no plausible explanation for the said inordinate delay which is fatal to the prosecution and, therefore, applicant ought to have been acquitted by the Courts.