BADRILAL GUPTA Vs. STATE OF M P

JUDGEMENT

(1.) This revision is directed against the judgment and order of conviction dated 25-1-2000, passed in Criminal Appeal No. 46 of 1999 by the IInd Additional Sessions Judge, Barwani, whereby confirming the conviction and sentence passed by Judicial Magistrate First Class, Anjad in Criminal Case No. 905 of 1988 vide judgment dated 31-3-1999 by which the applicant-accused has been convicted for commission of an offence under S. 409 of the Penal Code and sentenced to undergo R.I. for one year and to pay a fine of Rs. 500/-. Feeling aggneved by the said judgment and order of conviction, this revision has been filed by the applicant-accused.

(2.) Brief facts of the prosecution case are that the applicant Badnlal Gupta was posted and working as Naib Nazir in the Court of Judicial Magistrate First Class, Anjad. On 23-5 1984 one bicycle bearing frame No. 143066 was deposited as criminal property in Criminal Case No. 281 of 1984 by the Station Officer of Police Station, Anjad. The said bicycle was obtained by applicant-accused and entry in this regard was made in Muddemal Register at No. 70 of 1984. In the month of December, 1987 the applicant accused was transferred and posted in the same Court on the post of Asstt. Record Keeper. He handed over the charge to Mr. M. Z. Sufi who was posted as Naib Nazir on 31-12-1987 including all the criminal case property.

(3.) On 28-4-1988 the Criminal Case No. 281 of 1984 came up for hearing before the Court and the case property bicycle in question was required and Naib Nazir was directed to produce it. On that day Mr. M. Z Sufi who was working as Naib Nazir informed the Court that the bicycle m question was not given to him in charge by the applicant- accused. Thereafter the matter was reported to the Police by Judicial Magistrate First Class, Anjad vide report dated 5-5-1988 and a written first information report (Ex.P9) was lodged at police station, Anjad.