REPUBLIC OF INDIA Vs. ASHOK KUMAR MAITY

JUDGEMENT

(1.) THIS appeal has been directed against the judgment and order of acquittal recorded by the appellate court reversing the order of conviction and sentences passed against the Respondent holding him guilty for commission of offences punishable under Section 420 read with Sections 511, 467 read with Sections 471 and 468 of the Indian Penal Code (for short 'the Code'), convicting him thereunder and sentencing him to undergo rigorous imprisonment for a period of one year for each of the three offences directing that the sentences of imprisonment would run concurrently.

(2.) THE Respondent stood charged under Section 420 read with Section 511 of the Code for having attempted to commit the offence of cheating on March 8, 1976 while he was functioning as a clerk in the United Commercial Bank at Rourkela by showing falsely a credit entry of Rs. 6,300/ - in the Savings Bank Ledger of account No. 3658 on transfer from a fixed deposit receipt without any credit voucher standing in the name of Tusharkanti Deb (P.W.4) who had made no such deposit and for having forged the withdrawal slip (Ext. 7) for Rs. 5,000/ -. He was also charged under Section 467 read with Section 471 and under Section 468 of the Code for having fraudulently used as genuine Ext, 7 knowing it to be a forged document and for having forged Ext. 7 intending that it would be used for purpose of cheating. In addition, the Respondent faced a charge under Section 477 -A of the Code for falsifying the Savings Bank Ledger and the withdrawal slip wilfully with intent to defraud.

(3.) WHILE the prosecution examined fifteen witnesses to bring home the charges, the Respondent did not examine any witness in his defence. The trial court did not accept the prosecution case with regard to the charge under Section 477 -A of the Code, but held the Respondent guilty of the other charges and convicted and sentenced him as indicated above. On appeal the learned Additional Sessions Judge took a different view and held that none of the charges had been brought home to the Respondent.