BIBHUTI RANJAN NANDY Vs. THE STATE

JUDGEMENT

(1.) THE appellant was charged before the Special Court appointed by the Governor under Section 4(2) of the West Bengal Criminal Law Amendment (Special Courts) Act, 1949. The charge was that on or about the 27th March, 1957 at Haripal and Bandipur, P. 8. Haripal, the appellant who was a public servant being an Assistant Revenue Officer, Haripal, under the Government of West Bengal, was entrusted with certain properties namely, a sum of Rs. 811 -6. which he had realised from different loanees towards the repayment of their agricultural loans, committed criminal breach of trust in respect of the said Bum of Rs. 811 -6 and thereby committed an offence punishable under Section 409 Of the Penal Code.

(2.) THE defence is that the appellant is innocent. The further defence is that all the books in which the receipts were contained and which had been it sued in his name till 29.8.57 were returned after the money was deposited on that date, i.e. 29th March, 1957, to the Loan Deputy Collector for his verification. These books were not re -issued to him again. The defence also is that he had deposited all the monies that he had collected. The whole dispute is about the deposit. The deposit, can be made within seven days from the date of collection under the rules of the Government. Therefore the essential period of time of which proof is required to establish the guilt of the accused is from 27th March till about 4th day of April, 1957.

(3.) IT must be observed that one of the three receipts in. question bears dated 26.3.57 and two others 27.3.67. It, therefore, follows definitely that on 26th and 27th March 1957 the receipt Book was with the appellant.