GOPA BARIHA Vs. REPUBLIC OF INDIA

JUDGEMENT

(1.) This appeal is by the convict from the jail against the order of conviction and sentence passed by the learned Special Judge, Bhubaneswar in T.R. No. 9 of 1988 (arising out of CBI/SPE Bhubaneswar Case No. R.C. 10 of 1987).

(2.) The prosecution case in short is that the accused while working as a Sub-Post Master in S. Rampur Sub-Post Office during the period from 1-3-1985 to 28-2-1986 had received a sum of Rs. 6,000/- on 12-3-1985 from R. N. Saraf, who had Savings Bank Account bearing No. 2330820 for depositing the same in his Savings Bank Account and made relevant entry in the pass book of the account holder and misappropriated the said amount without accounting for the same in the postal account maintained in S. Rampur S.P.O. One A. K. Sahu, who had a Savings Bank Account bearing No. 2331344 in S. Rampur S.P.O. had deposited a sum of Rs. 1,200/- on 7-6-1985 and a sum of Rs. 600/- on 16-10-1985 with the accused for depositing the same in his aforesaid Savings Bank Account and the accused after receiving the amount made necessary entries inthe respective pass book, but committed breach of trust in respect of that amount of Rs. 1,800/- without accounting for the same in the postal account maintained in S. Rampur S.P.O. The further allegation was that the accused had also misappropriated a sum of Rs. 20,000/- during the relevant period towards the sale proceeds in respect of four numbers of 6th Issue N.S.C. bearing Nos. F-936911, F-936912, F-936913, F-936914 and the accused failed either to hand over three more N.S.Cs. of 7th Issue bearing No. F-68975, F-68976 and F-68977 worth Rs. 15,000/- nor accounted for the sale proceeds in the official records and he also destroyed the N.S.C. Agent Receipt Book and N.S.C. application forms and N.S.C. Stock book and altogether the accused permanently misappropriated a sum of Rs. 42,800/-The accused denied the charges and pleaded innocence. In the accused statement, it is stated that after the Old Register showing stock of N.S.C. was exhausted, he opened a new Register where he had shown the stock of N.S.C. and he denied regarding the alleged misappropriation of a sum of Rs. 42,800/- as alleged by the prosecution.

(3.) The learned Special Judge found from the evidence on record that the accused was a public servant during the period 1-3-1985 to 28-3-1986. The prosecution has been able to prove entrustment of a sum of Rs. 27,800/- towards cash deposit in two Savings Bank Account and towards the sale-proceeds in respect of four numbers of N.S.C. 6th Issue. The prosecution has also proved that the accused had entrusted with the three numbers of N.S.C. worth Rs. 15,000/-, but he failed to account for the sale proceeds thereof nor handed over the same to his successor.