PRADIPTA KUMAR MOHANTY Vs. STATE OF ORISSA

JUDGEMENT

(1.) Petitioner, accused in G. R. Case No. 3136 of 1985, was convicted for the offence under S. 381, IPC by the learned Judicial Magistrate, First Class, Cuttack, vide judgement dated 12-3-1992 and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 3,000/- in default to undergo rigorous imprisonment for further period of six months. Being aggrieved, he preferred Criminal Appeal No. 51 of 1992. Learned First Additional Sessions Judge; Cuttack, on reappreciation of the evidence upheld the conviction and sentence. It is against this judgement and order of the appellate court that the present revision is filed.

(2.) Shorn of unnecessary details, the prosecution case unfurled during trial, is that the accused was an employee under Harekrishna Agrawalla, P.W. 2 Prior to the alleged incident that happened on 13-11-86. P.W. 2 had kept huge amount of Rs. 67,000/- in the Godrej almirah of his office and taking advantage of his temporary absence the accused committed theft of the whole amount. On 20-11-86 at about 10 P.M. when P.W. 2 opened the almirah and found the amount missing, he reported the matter to the Police and sent P.W. 2 Akshaya Rout, P.W. 3 Prafulla Kumar Mohapatra, an Advocate's Clerk and P.W. 4 Sudarsan Hati in search of the accused. It is stated that these three witnesses found the accused at Bargarh and on their asking the accused confessed to have committed theft of the aforesaid amount. After usual investigation police laid charge-sheet against the accused to stand his trial under Section 381, IPC.

(3.) The accused denied the accusation and pleaded innocence.