K V SETHURAMAN Vs. UNION OF INDIA UOI

JUDGEMENT

(1.) In C. C. No. 6 of 1956 on the file of the Special Judge, Vijayawada, the accused, K. V. Sethuraman, formerly commercial clerk, Tadepalligudein Railway Station, Southern Railway, was tried on a charge under Section 5(2) read with Section 5(1)(c) of the Prevention of Corruption Act (II of 1947) for having as a public servant between 21-9-1951 and 18-9-1952, dishonestly or fraudulently misappropriated a sum of Rs. 935-6-0 collected by him by sale of season tickets and halt station tickets on various dates during that period. The learned Special Judge convicted the accused of the offence with which he was charged and, as in the Judges view, the accused was a public servant and was not a previous convict, he took a lenient view of the offence committed by the accused and sentenced him to undergo simple imprisonment for four months. Against the said conviction and sentence the accused has preferred Criminal Appeal No. 359 of 1957.

(2.) The State of Andhra Pradesh has filed Criminal Revision Case No. 827 of 1957 for the enhancement of the sentence passed on the accused On the ground that the sentence is grossly inadequate, having regard to the gravity of the offence.

(3.) Since I have reached the conclusion that a retrial should be ordered in this case, it is not necessary to set out the evidence in support of the case for the prosecution.