STATE OF ASSAM Vs. SAYADUR RAHMAN

JUDGEMENT

(1.) THIS appeal under Section 417, Cr. P.C. is directed against an order of acquittal of the respondent. The learned Additional Sessions Judge acquitted him on the ground that he was a public servant and sanction for his prosecution under Section 197, Criminal P.C. was necessary. This sanction was not proved to have been obtained and therefore the order of conviction could not stand. He did not enter into the merits of the case and did not record any finding as to whether the charges against the accused stood substantiated.

(2.) THE accused was tried with a charge under two heads. He was found guilty under Sections 409 and 471 and convicted under both heads of the charge. He was sentenced to rigorous imprisonment for one year and to a fine of Rs. 500 in default to rigorous imprisonment for another six months under Section 409, He was also sentenced to rigorous imprisonment for one year under Section 471, Penal Code. The two sentences of imprisonment were ordered to run concurrently.

(3.) IT may be noticed that apart from the rates there is some difference in regard to the quantities purchased from the two prosecution witnesses between the prosecution version on the one side and defence version on the other. The prosecution case is that the accused purchased from Safait about 115 maunds while the case of the accused is that 125 inaunds were purchased from the firm.