OMPRAKASH Vs. STATE OF M P

JUDGEMENT

(1.) ALLOWING the petitioners Criminal Appeal No. 15/2001, wherein the judgment of conviction and sentence pronounced against this petitioner in Criminal Case No. 517/99, on 8-1-2001 by J. M. F. C. , Itarsi, was in challenge, the First ASJ, Hoshangabad, remanded the Criminal Case No. 517/99 with this direction that an opportunity be granted to the prosecution for proving the passbook and other documents by adducing the oral evidence.

(2.) ON perusal of certified copy of judgment dated 10-12-2001 pronounced by First ASJ, Hoshangabad in Criminal Appeal No. 15/2001, it is noted that the charge for offence punishable under Section 409 of the IPC was framed against this petitioner on the ground that while working on the post of Post-Master at Village Sontalai, this petitioner committed criminal breach of trust in respect of a total amount of Rs. 7,745/- between 1st August, 1983 to 25th January, 1989, by not showing the receipt of the aforesaid amount in the pass-books of account holder, so also in cash registers maintained in post office.

(3.) IT is submitted by Shri B. P. Sharma, appearing for the petitioner, that retrial cannot be ordered to fulfill lacuna in prosecution evidence and that too, after a lapse of 12 years from the date of incident. In support of this argument, Shri B. P. Sharma has drawn my attention to Samaliya Kishanlal v. State of Madhya Pradesh, reported in 1993 MPLJ 476, and Ukha Kolhe v. State of Maharashtra, reported in AIR 1963 SC 1531.