RUPAK CHOUDHURY Vs. JAIMATI DEKA

JUDGEMENT

(1.) This is a criminal revision petition, filed under Sections 397/401 of the Cr.PC, challenging the legality, propriety and correctness of the judgment and order, dated 30.11.2006, passed by the learned Sessions Judge, Marigaon, acquitting the accused-respondent.

(2.) The fact leading to the case is that, the present respondent Smt. Jaimati Deka was the Branch Post Master at Baghara Post Office for several years. During inspection by the inspector of post offices it is found that the respondent misappropriated an amount of Rs. 1,56,610/- deposited in Recurring Deposit Account and Savings Accounts by the respective account holders. Such misappropriation was detected on 28.6.2004. The accused-respondent had given a written statement to refund all such misappropriated money, but failed to refund the same.

(3.) Thereafter, the Inspector of Post Offices, Marigaon Sub-division, filed an FIR with the Marigaon Police Station which was registered as Marigaon Police Station Case No. 166/2004, under Sections 420/409 of the IPC. The police investigated into the case, collected evidence, seized relevant documents from the custody of the post master of the aforesaid post office and after completion of the investigation, submitted charge-sheet against the accused-respondent under Sections 420/409 of the IPC.