JITENDRA NATH BOSE Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the order of conviction and sentence of the appellant under S. 409 of the Indian Penal Code. The appellant was sentenced to suffer imprisonment for a period of one year and to pay a fine of Rs. 1,000/ - in default, further rigorous imprisonment for three months. Two specific charges were framed -one under S. 409 of the Indian Penal Code for criminal breach of trust and the other under S.5(1)(c) read with S. 5(2) of the Prevention of Corruption Act. The prosecution, however, did not press the second charge and, accordingly, it was expunged by the order of the learned Special Court dated 29/04/1975. The case therefore, proceeded under S.409 of the Indian Penal Code.

(2.) Shortly, the case of the prosecution is that Jitendra Nath Bose, the accused was the Head Cashier of the Calcutta State Transport Corporation, Lake Depot, Calcutta. He is a public servant within the meaning of S. 21(22) of the Indian Penal Code. He was in charge of the C.S.T.C. cash and the case was of three sorts. namely, (1) Main or General Cash comprised by the daily collections hereafter referred to as the Corporation Cash, (2) Co -operative Cash, and (3) Canteen Cash. The accused had exclusive dominion over all the cash. The cash receipts under different categories enumerated above were shown in the relevant Cash Books. On 12/06/1970, on a surprise check, the cash in custody of the accused showed the following shortfalls : (a) Main Cash rupees 9,701.19p., (b) Co -operative Cash rupees 36,373.04 p. and (c) Canteen Cash rupees 7,541.63 p. Another sum of Rs.650.00 interest -accrued on the Security furnished by an employee (in Postal Savings Certificate) should have been in the custody of the accused. It was not there. So the total amount found short was Rs. 54265.86 p. On the basis of the aforesaid finding, charges were framed. The learned Judge has held that prosecution has failed to prove the embezzlement of Co -operative and Canteen Cash. The entrustment of Rs. 650/ - was also not proved. He was, however, found guilty on the charge of shortage of C.S.T.C. Cash of Rs.9,701.19 p. Accordingly, he was convicted under S.409 of the Indian Penal Code as aforesaid.

(3.) At the hearing it has been contended that the Special Court has no jurisdiction to entertain and try the charges framed in respect of the properties which are admittedly Government properties. It is therefore contended that the charges are liable to be set aside. To appreciate this contention it is necessary to set out the particulars of the amount involved in the said charge. The amount involved in the said charge is Rs.54,265.86p., the details of which, as stated hereinbefore, are as follows :