STATE OF ORISSA Vs. SAPNESWAR THAPPA

JUDGEMENT

(1.) The respondent was charged under S.409, IPC for misappropriation of a sum of Rs. 881/- by fraudulently withdrawing the same from the Savings Bank Account of Artatrana Behera (P.W. 1) while the respondent was working in the Sub-Post Office at Rourkela, Sector 19. He was also charged under S.467, IPC for forging the withdrawal application and warrant of payment and under S.471, IPC for using fraudulently and dishonestly those withdrawal applications and warrant of payment as genuine knowing them to be forged. The respondent was further charged under S.477-A, IPC for making false entries in the records maintained at the Sub-Post Office. The learned Additional Chief Judicial Magistrate has acquitted the respondent of all the charges and hence the present appeal has been directed against the order of acquittal.

(2.) The prosecution case, briefly stated, is that the Inspector of Police, CBI, drew up an FIR on 1-2-1977 at 4.30 P.M. under orders of the Superintendent of Police, S.P.E., C.B.I., Bhubaneswar, alleging that while the accused-respondent was working as sub-Postmaster, Rourkela Sub-Post office, Sector-19, from March, 1970 to 1973, he forged several withdrawal applications and withdrew different amounts from the Savings Pass Book Accounts of Artatrana Behera and Birabhadra Giri on different dates and had misappropriated the same. The FIR is Ext. 37. After registering a case, the C.B.I. took up investigation and in course of investigation examined several witnesses and seized large number of documents and registers and obtained the specimen writings and signatures of the accused and sent those signatures to the Government Examiner of Questioned Documents. The said Examiner gave his opinion that the withdrawal applications purported to have been written and signed by Artatran and Birabhadra were in the hand of the accused who had also forged their signatures. On completion of investigation, three separate charge-sheets were filed against the accused since the transactions related to three different periods. So far as the present case is concerned, the charge-sheet indicated that on 20-3-1971, a sum of Rs. 350/- and again on 21-12-1971, a sum of Rs. 531/- were withdrawn from the Pass Book of Artatran Behera (P.W. 1) by the accused and the said sum had been misappropriated by the accused. The accused accordingly faced his trial for the aforesaid charges.

(3.) The plea of the accused is one of denial. His positive defence is that the depositor himself made the withdrawal applications and has withdrawn the amount and a false case has been foisted against him.