JYOTISH CH. SARKAR0 Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. K. Gupta, learned counsel appearing for the petitioner. Also heard Ms. A. Begum, learned Additional Public Prosecutor, appearing for the State respondent.

(2.) By way of the present revision petition filed under Ss. 397 and 401 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Cr.P.C."), the petitioner has assailed the judgment and order dtd. 17/3/2016 passed by the learned Sessions Judge, Morigaon (hereinafter referred to as the "appellate court") in Criminal Appeal No. 22/2015 whereby the appeal preferred by the petitioner was dismissed and the judgment and order dtd. 18/9/2015 passed by the learned Additional Chief Judicial Magistrate, Morigaon (hereinafter referred to as the "trial court") in G.R. Case No.954/2012 was affirmed. By the said judgment, the learned trial Court convicted the petitioner under Sec. 409 of the Indian Penal Code, 1860 (hereinafter referred to as the "IPC") and sentenced him to undergo simple imprisonment for three years and to pay a fine of Rs.10,000.00, in default, to undergo simple imprisonment for a further period of three months.

(3.) The prosecution case, in brief, is that on 5/9/2012, the informant, namely the Inspector of Schools, lodged an FIR alleging that the petitioner, who was serving as the Head Teacher of Pub-Baralimari L.P. School under Laharighat Education Block, had misappropriated government funds sanctioned for construction of an additional classroom and toilet under the Sarva Siksha Abhiyan (SSA) Scheme. The allegation was founded upon an enquiry report submitted by the Technical Resource Person (TRP), SSA, Morigaon, which allegedly revealed misappropriation of an amount of Rs.1,64,000.00.