BANDANA MONDAL NASKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal has been preferred assailing the judgment and order of conviction dtd. 14/12/2022 passed by Ld. Judge, 1st Special Court, Alipore, South 24 Parganas in connection with special case no 4 / 2018 under Sec. 409 of the Indian Penal Code (hereinafter referred to as IPC), whereby Ld. Judge convicted the appellant/ Bandana Mondal (Naskar) and sentenced her to suffer simple imprisonment for 2' years and to pay a fine of Rs.5,000.00 in default suffer further simple imprisonment for 2 months.

(2.) Circle Project Co-ordinator, Sonarpur as per direction of competent authority (District Magistrate, South 24 Parganas), lodged FIR before the Officer in-charge of Sonarpur Police Station alleging inter alia that funds of Rs.35,000.00 was placed by the Sarbashikha Mission, South 24 Parganas, through his office to Jardaha Beniabow F.P. School, under Jurisdiction of Sonarpur Police Station for the year 2011-12 for constriction of TSC toilet. But, the school authority neither completed the civil construction nor utilized the fund properly. Moreover, the school authority did not refund the said fund within stipulated time.

(3.) On receipt of the complaint Sonarpur PS Case No. 581/ 16 dtd. 18/3/2016 under Sec. 409 IPC was started against the appellant, Bandana Mondal (Noskar). After investigating charge sheet was filed against the appellant under Sec. 409 IPC.