BIPIN CHANDRA MAHARANA Vs. REPUBLIC OF INDIA

JUDGEMENT

(1.) THIS is an appeal against the order dated 29-4-63 passed by the Special Judge, puri, convicting the appellant under Section 5 (2), read with Section 5 (1) (c) of the prevention of Corruption Act, 1947, and sentencing him to undergo simple imprisonment for a period of six months and to pay a fine of Rs. 50/-, in default to undergo simple imprisonment for a further period of 15 days.

(2.) THE accused was working as a temporary post-master in the extradepartmental branch post office at Pathara under the account jurisdiction of khallikote Sub Post Office in the district of Ganjam. On various dates he received moneys aggregating to Rs. 974. 70 np. from Pws. 1, 2, 3 and 4 for remitting money orders, but made delay of several days in accounting the same in the relevant postal registers, and thus committed a temporary misappropriation of the amount. On 34-7-61 P. W. 5, the Inspector of Post Offices while making inspection of the Pathara post-office detected some corrections in the inner foils of money-order receipts. He felt suspicious and contacted the remitters and compared the dates on the inner foils with the dates given on the original receipts granted to the remitters and noticed some discrepancies. After enquiry, he submitted a report to the Superintendent of Post Offices, berhampur, and terminated the services of the accused on- the 27th July, 1961, under Ext. 14. P. W. 6, the Inspector of Special Police Establishment, Puri on his own information registered a case and after having, obtained permission from the special Magistrate, Puri, took up investigation and submitted charge-sheet against the accused and the accused was ultimately tried by the Special Judge, Puri, who convicted and sentenced him as stated above.

(3.) THE accused admitted to have received the money orders from P. Ws. 1 to 4 and claimed to have duly credited the same in the accounts of the post office. He denied to have committed any offence.