PRABHAT KUMAR DAS Vs. STATE OF M.P.

JUDGEMENT

(1.) FEELING aggrieved by the judgment of conviction and order of sentence dated 30.9.1997 passed by learned V Additional Sessions and Special Judge, (CBI) Jabalpur in Special Case No. 4/95 convicting appellant under section 409 of IPC and 13 (1) (c) read with section 13 (2) of Prevention of Corruption Act, 1988 (in short 'the Act') and sentencing him to suffer as indicated in the impugned judgment, the appellant has knocked the door of this Court by preferring this appeal under section 374 (2) of CrPC.

(2.) IN brief the case of prosecution is that appellant was a public servant and was serving on the post of Parcel Clerk in Head Post Office, Jabalpur from October, 1992 to July. 1993. It is said that during this period the job of appellant while serving on the post of Parcel Clerk was to receive the V.P. parcels and to deliver them. During the said period, appellant received V.P. parcel on 27.3.1993 from Kandivali Bombay and which was required to be delivered to Joginder Singh Makan and similarly some parcels were required to be delivered to O.P. Tyagi, B.S. Tamhankar and Vijay Kumar Bambi as well as to V.P. Jaggi and M.S.D. Nair. These V.P. parcels were delivered to the addressees after receiving its value. According to the prosecution, in between the period 5.10.1992 to 15.3.1993 the V.P.P. list was prepared by appellant and he made necessary endorsement about receiving of the V.P. parcels and hence he had received an amount of Rs.42,642/- which is the value of the parcels as well as commission Rs.2235/-. But, he did not deposit this amount in the office and has misappropriated it.

(3.) THE learned Special Judge on the basis of allegations made in the charge sheet framed charges punishable under section 409 of IPC and 13 (1) (c) read with section 13 (2) of the Act which the appellant denied and requested for the trial.