ALFREDO GONSALVES Vs. STATE

JUDGEMENT

(1.) This revision is filed against the judgment dated 10-4-78 passed by the Sessions Judge, Panaji, in Criminal Appeal No. 119/77 thereby confirming the conviction of the petitioner under Sections 420, 409 and 380 I. P. C. and sentenced to six months R. I. and to pay a fine of Rupees 300/- or in default to undergo 3 months S. I. for each of the offences as aforesaid. The sentences are to run concurrently.

(2.) The petitioner was a Bailiff attached to the Court of the Judicial Magistrate First Class, Panaji, between 25th February, 1975 to 16th April, 1975. The allegations against him are that on 14th April, 1975, he realized a fine of Rs. 10/- from Shri Prabhakar Vassu Rane, in his capacity as Bailiff of the Court, but failed to account for it; that on 16-4-75 he cheated one Bernardo Novais by dishonestly inducing him to deliver Rs. 5/- stating that the same amount was required to be paid in the Court of the Judicial Magistrate, First Class, Panaji, as a fine, that on an earlier date, i. e., 25th February, 1975, he also cheated Francisco Miranda by dishonestly inducing him to deliver Rs. 5/-to him stating that the amount was required to be paid as fine in respect of challan No. 1326/75/C. For the first offence he was charged under Sec. 409 of the I. P. C.; for the second he was charged with offences punishable under Sections 420/380 of the I. P. C. and for the third, he was only charged with the offence punishable under S. 420 I. P. C.

(3.) The accused pleaded not guilty to the aforesaid charges. The trial Magistrate after considering the evidence led in the case came to the conclusion that the case against the accused on all counts was proved beyond reasonable doubt and accordingly he convicted him and awarded the sentences earlier mentioned. Being aggrieved against the said decision, the petitioner preferred an appeal to the Court of Sessions Judge. This appeal as already stated, was dismissed.