DURYODHAN MOHANTY Vs. REPUBLIC OF INDIA

JUDGEMENT

(1.) The petitioner Duryodhan Mohanty faced trial in the Court of learned Additional Chief Judicial Magistrate, Bhubaneswar in S.P.E. Case No.10 of 1990 for offence punishable under section 409 of the Indian Penal Code on the accusation that during the year 1984, he being the Branch Office Post Master of Damodarpur Branch post office and a public servant in the Department of Posts, Government of India and in such capacity being entrusted with Rs.22,000/- (rupees twenty two thousand only) in respect of S.B. Account No.906595 and S.B. Account No.906616 of Jamini Kanta Nayak and Sumitra Subhalaxmi Nayak respectively, committed breach of trust in respect of the aforesaid amount.

(2.) The prosecution case, in short, is that the petitioner was working as Branch Post Master in Damadorpur Branch Post office during the year 1984. He was entrusted with the work of transaction of S.B. Accounts and to maintain the relevant postal records i.e., the Branch Office S.B. Journals, Branch Office Accounts Book and Branch Office Daily Account etc. The petitioner was also in charge of receipt of deposits under different pass books and to make entries therein on receipt of cash under pay-in-slip from different account holders.

(3.) On 30.01990 on the basis of the First Information Report (Ext.19) submitted by Sri Krushna Chandra Mohapatra (P.W.6), Sub-Inspector of Police, CBI, SPE, Bhubaneswar, R.C. Case No.17 (S) of 1990 was registered against the petitioner under section 409 of the Indian Penal Code. On the direction of Superintendent of Police, CBI, Bhubaneswar, P.W.6 took up investigation of the case, seized documents from the postal authority, examined the witnesses, collected specimen writing and signatures of the petitioner and sent them to the Govt. examiner of questioned documents (hereafter for short "GEQD"), Calcutta for examination and opinion. He also received the opinion from the GEQD, Calcutta. The charge of investigation was taken over by Sri B. Das, Inspector of Police, CBI, SPE, Bhubaneswar who on 30.10.1990 on completion of investigation submitted charge sheet under section 409 of the Indian Penal Code against the petitioner on the ground that the petitioner dishonestly misappropriated an amount of Rs.22000/- (rupees twenty two thousand only) from the S.B. Accounts Nos.906595 and 906616.